Stuyvesant could not tell whether it had diminished or not.
"And now," said Phonny, "the first thing is to put the shop in order."
So saying, he took the plane away from before the trap, and looked at the hole to see whether Frink had gnawed it any bigger. He had not.
Phonny then carried the trap to the back side of the shop and put it upon a great chopping-block which stood there. He did this for the purpose of having the bench clear, so as to put the tools in order upon it.
"I am glad that you are going to put this shop in order," said Stuyvesant,--"that is, if you will let me use it afterward."
"Yes," said Phonny, "I will let you use it. But what should you want to make in it?"
"Why, Beechnut has given me charge of the hen-house," said Stuyvesant, "and I am to have one third of the eggs."
Here Phonny stopped suddenly in his work and looked up to Stuyvesant as if surprised.
"What, _my_ hen-house!" said he.
"The one that you used to have," said Stuyvesant. "He said that you sold it to him."
"So I did," said Phonny, thoughtfully. As he said this, he laid down his saw, which he had just taken to hang upon a nail where it belonged, and ran off out of the shop.
He was in pursuit of Beechnut. He found him harnessing a horse into a wagon.
"Beechnut," said he, "have you given Stuyvesant the charge of my hen-house?"
"I have offered it to him," said Beechnut, "but he has not told me yet whether he accepted the offer or not."
"You are going to let him have half the eggs if he takes care of the house and the hens?" inquired Phonny.
"One third of them," said Beechnut.
"I did not know that you would do that," said Phonny. "If I had known that you would be willing to let it out in that way, I should have wanted it myself."
"I am not certain that it would be safe to let it to _you_," said Beechnut.
"Why not?" asked Phonny.
"I am not sure that you would be persevering and faithful in taking care of the hens."
"Why should not I as well as Stuyvesant?" asked Phonny. "Stuyvesant is not so old as I am."
"He may have more steadiness and perseverance, for all that," said Beechnut.
"I think you might let me have it as well as him," said Phonny.
"Very well," said Beechnut, "either of you. It shall go to the one who has the first claim."
"You say he did not accept your offer of it to him?"
"No," said Beechnut, "I believe he did not."
"Then I agree to accept it now," said Phonny, "and that gives me the first claim."
Beechnut did not answer to this proposal, but went on harnessing the horse. When the horse was all ready, he gathered up the reins and stood a moment, just before getting into the wagon, in a thoughtful att.i.tude.
"Well now, Phonny," said he, "here is a great law question to be settled, whether you or Stuyvesant has the best right to the contract.
Go and ask Stuyvesant to come to the shop-door."
So Beechnut got into the wagon and drove out of the shed, and along the yard, until he came to the shop-door, and there he stopped. Phonny and Stuyvesant were standing in front of the door.
"Stuyvesant," said Beechnut, "here is a perplexing case. Phonny wants to have the care of the hen-house on the same terms I offered it to you. You did not tell me whether you would take it or not."
"No," said Stuyvesant, "I was going to tell you that I would take it, but if Phonny wants it, I am willing to give it up to him."
"And you, Phonny," said Beechnut, "are willing, I suppose, if Stuyvesant wants it, to give it up to him?"
"Why--yes," said Phonny. In saying this, however, Phonny seemed to speak quite reluctantly and doubtfully.
"That"s right," said Beechnut. "Each of you is willing to give up to the other. But now before we can tell on which side the giving up is to be, we must first decide on which side the right is. So that you see we have got the quarrel into a very pretty shape now. The question is, which of you can have the pleasure and privilege of giving up to the other, instead of which shall be _compelled_ to give up against his will. So you see it is now a very pleasant sort of a quarrel."
"No," said Phonny, "it is not any such thing. A quarrel is not pleasant, ever."
"Oh, yes," said Beechnut, "one of the greatest pleasures of life is to quarrel. We can not possibly get along, without quarrels. The only thing that we can do is to get them in as good shape as possible."
"Have you got a pencil and paper in your shop?" continued Beechnut.
"Yes," said Phonny.
"Bring them out to me."
Phonny brought out a pencil and a small piece of paper, and held them up to Beechnut in the wagon.
"Now boys," said Beechnut, "are you willing to submit this case to Mr.
Wallace, for his decision?"
"Yes," said Phonny.
"I am too," said Stuyvesant.
"Then I"ll write a statement of it," said Beechnut.
Beechnut accordingly placed the paper upon the seat of the wagon beside him, and began to write. In a few minutes he held up the paper and read as follows:
"A. has a certain contract which he is willing to offer to either B. or C. whichever has the prior right to it. He first offered it to B. but before B. accepted the offer C.
made application for it. C. immediately accepted the offer, before A. decided upon B."s application. Now the question is whose claim is best, in respect simply of priority,--the one to whom it was first _offered_, or the one who first signified his willingness to accept of it."
"There," said Beechnut, "there is a simple statement of the case."
"I don"t understand it very well," said Phonny.