of the courtroom. “Please, Mr. Weems, let us return to our muttons. This court granted your prayer for a temporary restraining order, and now you ask that it be made permanent. In rebuttal, Dr. Pinero claims that you have presented no cause and asks that the injunction be lifted, and that I order your client to cease from attempts to interfere with what Pinero describes as a simple lawful business. As you are not addressing a jury, please, omit the rhetoric and tell me in plain language why I should not grant his prayer.”
Mr. Weems jerked his chin nervously, making his flabby grey dewlap drag across his high stiff collar, and resumed:
“May it please the honorable court, I represent the public—”
“Just a moment. I thought you were appearing for Amalgamated Life Insurance.”
“I am, Your Honor, in a formal sense. In a wider sense I represent several other major assurance, fiduciary, and financial institutions; their stockholders, and policy holders, who constitute a majority of the citizenry. In addition we feel that we protect the interests of the entire population; unorganized, inarticulate, and otherwise unprotected.”
“I thought that I represented the public,” observed the judge drily. “I am afraid I must regard you as appearing for your client-of-record. But continue; what is your thesis?”
The elderly barrister attempted to swallow his Adam’s apple, then began again. “Your Honor, we contend that there are two separate reasons why this injunction should be made permanent, and, further, that each reason is sufficient alone. In the first place, this person is engaged in the practice of soothsaying, an occupation proscribed both in common law and statute. He is a common fortune teller, a vagabond charlatan who preys on the gullibility of the public. He is cleverer than the ordinary gypsy palm-reader, astrologer, or table tipper, and to the same extent more dangerous. He makes false claims of modern scientific methods to give a spurious dignity to his thaumaturgy. We have here in court leading representatives of the Academy of Science to give expert witness as to the absurdity of his claims.
“In the second place, even if this person’s claims were true—granting for the sake of argument such an absurdity”—Mr. Weems permitted himself a thin-lipped smile—“we contend that his activities are contrary to the public interest in general, and unlawfully injurious to the interests of my client in particular. We are prepared to produce numerous exhibits with the legal custodians to prove that this person did publish, or cause to have published, utterances urging the public to dispense with the priceless boon of life insurance to the great detriment of their welfare and to the financial damage of my client.”
Pinero arose in his place. “Your Honor, may I say a few words?”
“What is it?”
“I believe I can simplify the situation if permitted to make a brief analysis.”
“Your Honor,” cut in Weems, “this is most irregular.”
“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’s points 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 cancelled life insurance policies as a result thereof, but I challenge them to show that anyone so doing has suffered any loss or damage therefrom. It is true that the Amalgamated has lost business through my activities, but that is the natural result of my
Eleanor Coerr, Ronald Himler