"Patience, Mr. Weems. Your interests will be protected. It seems to me that we need more light and less noise in this matter. If Dr. Pinero can shorten the proceedings by speaking at this time, I am inclined to let him.
Proceed, Dr. Pinero."
"Thank you, your honor. Taking the last of Mr. Weems" point first, I am prepared to stipulate that I published the utterances he speaks of-"
"One moment, doctor. You have chosen to act as your own attorney. Are you sure you are competent to protect your own interests?"
"I am prepared to chance it, your honor. Our friends here can easily prove what I stipulate."
"Very well. You may proceed."
"I will stipulate that many persons have canceled life insurance policies as a result there of, but I challenge them to show that anyone so doing has suffered any loss or damage there from. It is true that the Amalgamated has lost business through my activities, but that is the natural result of my discovery, which has made their policies as obsolete as the bow and arrow.
If an injunction is granted on that ground, I shall set up a coal-oil-lamp factory, and then ask for an injunction against the Edison and General Electric companies to forbid them to manufacture incandescent bulbs.
"I will stipulate that I am engaged in the business of making predictions of death, but I deny that I am practicing magic, black, white or rainbow-colored. If to make predictions by methods of scientific accuracy is illegal, then the actuaries of the Amalgamated have been guilty for years, in that they predict the exact percentage that will die each year in any given large group. I predict death retail; the Amalgamated predicts it wholesale. If their actions are legal, how can mine be illegal?
"I admit that it makes a difference whether I can do what I claim, or not; and I will stipulate that the so-called expert witnesses from the Academy of Science will testify that I cannot. But they know nothing of my method and cannot give truly expert testimony on it-"
"Just a moment, doctor. Mr. Weems, is it true that your expert witnesses are not conversant with Dr. Pinero"s theory and methods?"
Mr. Weems looked worried. He drummed on the table top, then answered. "Will the court grant me a few moments" indulgence?"
"Certainly."
Mr. Weems held a hurried whispered consultation with his cohorts, then faced the bench. "We have a procedure to suggest, your honor. If Dr. Pinero will take the stand and explain the theory and practice of his alleged method, then these distinguished scientists will be able to advise the court as to the validity of his claims."
The judge looked inquiringly at Pinero, who responded: "I will not willingly agree to that. Whether my process is true or false, it would be dangerous to let it fall into the hands of fools and quacks-" he waved his hand at the group of professors seated in the front row, paused and smiled maliciously-"as these gentlemen know quite well. Furthermore, it is not necessary to know the process in order to prove that it will work. Is it necessary for me to re-educate this entire body of self-appointed custodians of wisdom-cure them of their ingrown superst.i.tions-in order to prove that my predictions are correct?
"There are but two ways of forming an opinion in science. One is the scientific method; the other, the scholastic. One can judge from experiment, or one can blindly accept authority. To the scientific mind, experimental proof is all-important, and theory is merely a convenience in description, to be junked when it no longer fits. To the academic mind, authority is everything, and facts are junked when they do not fit theory laid down by authority.
"It is this point of view-academic minds clinging like oysters to disprove theories-that has blocked every advance of knowledge in history. I am prepared to prove my method by experiment, and, like Galileo in another court, I insist, "It still moves!"
"Once before I offered such proof to this Some body of self-styled experts, and they rejected it. I renew my offer; let me measure the life length of the members of the Academy of Science. Let them appoint a committee to judge the results. I will seal my findings in two sets of envelopes; on the outside of each envelope in one set will appear the name of a member; on the inside, the date of his death. In the other envelopes I will place names; on the outside I will place dates. Let the committee place the envelopes in a vault, then meet from time to time to open the appropriate envelopes. In such a large body of men some deaths may be expected, if Amalgamated actuaries can be trusted, every week or two. In such a fashion they will acc.u.mulate data very rapidly to prove that Pinero is a liar, or no."
He stopped, and thrust out his chest until it almost caught up with his little round belly. He glared at the sweating servants. "Well?"
The judge raised his eyebrows, and caught Mr. Weems" eye. "Do you accept?"
"Your honor, I think the proposal highly improper-"
The judge cut him short. "I warn you that I shall rule against you if you do not accept, or propose an equally reasonable method of arriving at the truth."
Weems opened his mouth, changed his mind, looked up and down the faces of the learned witnesses, and faced the bench. "We accept, your honor."
"Very well. Arrange the details between you. The temporary injunction is lifted, and Dr. Pinero must not be molested in the pursuit of his business.
"Decision on the pet.i.tion for permanent injunction is reserved without prejudice pending the acc.u.mulation of evidence. Before we leave this matter I wish to comment on the theory implied by you, Mr. Weems, when you claimed damage to your client. There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circ.u.mstances and contrary to public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back."
Bidwell grunted in annoyance. "Weems, if you can"t think up anything better than that, Amalgamated is going to need a new chief attorney. It"s been ten weeks since you lost the injunction, and that little wart is coining money hand over fist. Meantime, every insurance firm in the country"s going broke. Hoskins, what"s our loss ratio?"
"It"s hard to say, Mr. Bidwell. It gets worse every day. We"ve paid off thirteen big policies this week; all of them taken out since Pinero started operations."
A spare little man spoke up. "I say, Bidwell, we aren"t accepting any new applicants for United, until we have time to check and be sure that they have not consulted Pinero. Can"t we afford to wait until the scientists show him up?"
Bidwell snorted. "You blasted optimist! They won"t show him up. Aldrich, can"t you face a fact? The fat little pest has something; how, I don"t know. This is a fight to the finish. If we wait, we"re licked." He threw his cigar into a cuspidor, and bit savagely into a fresh one. "Clear out of here, all of you! I"ll handle this my own way. You, too, Aldrich. United may wait, but Amalgamated won"t."
Weems cleared his throat apprehensively. "Mr. Bidwell, I trust you will consult me before embarking on any major change in policy?"
Bidwell grunted. They filed out. When they were all gone and the door closed, Bidwell snapped the switch of the inter-office announcer. "O.K.; send him in."
The outer door opened. A slight, dapper figure stood for a moment at the threshold. His small, dark eyes glanced quickly about the room before he entered, then he moved up to Bidwell with a quick, soft tread. He spoke to Bidwell in a flat, emotionless voice. His face remained impa.s.sive except for the live, animal eyes. "You wanted to talk to me?"
"Yes."
"What"s the proposition?"
"Sit down, and we"ll talk."
Pinero met the young couple at the door of his inner office.
"Come in, my dears, come in. Sit down. Make yourselves at home. Now tell me, what do you want of Pinero? Surely such young people are not anxious about the final roll call?"
The boy"s pleasant young face showed slight confusion. "Well, you see, Dr.
Pinero, I"m Ed Hartley and this is my wife, Betty. We"re going to have . .
. that is, Betty is expecting a baby and, well-"
Pinero smiled benignly. "I understand. You want to know how long you will live in order to make the best possible provision for the youngster. Quite wise. Do you both want readings, or just yourself?"
The girl answered, "Both of us, we think."
Pinero beamed at her. "Quite so. I agree. Your reading presents certain technical difficulties at this time, but I can give you some information now. Now come into my laboratory, my dears, and we"ll commence."
He rang for their case histories, then showed them into his workshop. "Mrs.
Hartley first, please. If you will go behind that screen and remove your shoes and your outer clothing, please."
He turned away and made some minor adjustments of his apparatus. Ed nodded to his wife, she slipped behind the screen and reappeared almost at once, dressed in a slip. Pinero glanced up.
"This way, my dear. First we must weigh you. There. Now take you place on the stand. This electrode in your mouth. No, Ed, you mustn"t touch her while she is in the circuit. It won"t take a minute. Remain quiet."
He dove under the machine"s hood and the dials sprang into life. Very shortly he came out, with a perturbed look on his face. "Ed, did you touch her?"
"No, doctor." Pinero ducked back again and remained a little longer. When he came out this time, he told the girl to get down and dress. He turned to her husband.
"Ed, make yourself ready."
"What"s Betty"s reading, doctor?"
"There is a little difficulty. I want to test you first."