One morning Keith was sitting in his office cogitating these things. His
door opened and a meek, mild little wisp of a man sidled in. He held his
hat in his hand, revealing clearly sandy hair and a narrow forehead. His
eyebrows and lashes were sandy, his eyes pale blue, his mouth weak but
obstinate. On invitation he seated himself on the edge of the chair, and
laid his hat carefully beside him on the floor.
"I am Dr. Jacob Jones," he said, blinking at Keith. "You have heard of me?"
"I have held the City Hospital contract for three years," he explained,
"and they owe me a lot of money. I thought you might collect some of it."
"I think if you'd put in a claim through the usual channels you'd receive
your dues," advised Keith, somewhat puzzled. He had not heard that the city
was refusing to pay legitimate claims.
"I've done that, and they've given me these," said Doctor Jones, handing
Keith a bundle of papers.
"This is 'scrip,'" he said. "It's perfectly good. When the city is without
current funds it issues this scrip, bearing interest at 3 per cent. a
month. It's all right."
"Yes, I know," said the little man ineffectually, "but I don't want scrip."
Keith ran it over. It amounted to something like eleven thousand dollars.
"Just wait a minute, please," he begged, and darted across the hall to a
friend's office, returning after a moment with a file of legislative
reports. "I thought I'd heard something about it; here it is. The State
Legislature has voted an issue of 10 per cent. bonds to take up the scrip."
"Why, you take your scrip to the proper official and exchange it for an
equal value of State bonds."
"But what good does that do me?" cried Jones excitedly. "It doesn't get me
my money. They don't guarantee I can sell the bonds at par, do they? And
answer me this: isn't it just a scheme to cheat me of my interest? As I
understand it, instead of 3 per cent. a month I'm to get 10 per cent. a
year?"
"Well, I don't want bonds, I want money, as is my due."
"Wait a minute," said Keith. He read the report again slowly. "This says
that holders of scrip may exchange, for bonds; it does not say they
must exchange," he said finally. "If that interpretation is made of the
law, suit and judgment would lie against the city. Do you want to try
that?"
This, as Keith's first case, interested him more than its intrinsic worth
warranted. It amused him to bring all his powers to bear, fighting strongly
for the technical point, and finally establishing it in court. In spite of
the evident intention of the Legislature that city scrip should be retired
in favour of bonds, it was ruled that the word may in place of the word
must practically nullified that intention. Judgment was obtained against
the city for eleven thousand dollars, and the sheriff was formally
instructed to sell certain water-front lots in order to satisfy that
judgment. The sale was duly advertised in the papers.
Next morning, after the first insertion of this advertisement, Keith had
three more callers. These were men of importance: namely, John Geary, the
first postmaster and last alcalde of the new city; William Hooper, and
James King of William, at that time still a banker. These were grave,
solid, and weighty citizens, plainly dressed, earnest, and forceful. They
responded politely but formally to Keith's salute, and seated themselves.
"You were, I understand, counsel for Doctor Jones in obtaining judgment on
the hospital scrip?" inquired Geary.
"We have called to inform you of a fact that perhaps escaped your notice:
namely, that these gentlemen and myself have been appointed by the
Legislature as commissioners to manage the funded debt of the city; that,
for that purpose, title of all city lands has been put in our hands."
"Therefore, you see," went on Geary, "the sheriff cannot pass title to any
lots that might be sold to satisfy Doctor Jones's judgment."
Keith pondered, his alert mind seizing with avidity on this new and
interesting situation.
"No, I cannot quite see that," he said at last; "the actual title is in the
city. It owns its property. You gentlemen do not claim to own it, as
individuals. You have delegated to you the power to pass title, just as the
sheriff and one or two others have that power; but you have not the sole
power."
"We have advice that title conveyed under this judgment will be invalid."
"Then cannot I appeal to your sense of civic patriotism?"
"Gentlemen," replied Keith, "you seem to forget that in this matter I am
not acting for myself, but for a client. If it were my affair, I might feel
inclined to discuss the matter with you more in detail. But I am only an
agent."
"That is quite true," interjected James King of William.
"Well, we shall see your client," went on Geary, "But I might state that on
the side of his own best interests he would do well to go slow. There is at
least a considerable doubt as to the legality of this sale. It is unlikely
that people will care to bid."
After some further polite conversation they took their leave. Keith quickly
discovered that the opinion held by the commissioners was shared by most of
his friends. They acknowledged the brilliance of his legal victory, admired
it heartily, and congratulated him; but they considered that victory
barren.
"Nobody will buy; you won't get two bits a lot bid," they all told him.
Little Doctor Jones came to him much depressed. The commissioners had
talked with him.
"Do you want my advice?" asked Keith, "Then do this: stick to your guns."
"I want my money," said he; "perhaps I'd better take those bonds after
all."
"Look here," suddenly said Keith, who had been making up his mind. "I'll
guarantee you the full amount in cash, within, say, two weeks, but only on
this condition: that you go out now, and spread it about everywhere that
you are going to stand pat. Tell 'em all you are going to push through this
sale."
"Take a chance," interrupted Keith. "If at the end of two weeks I don't pay
you cash, you can do what you please. Call off the sheriff's sale at the
last minute; I'll pay the costs myself. Come, that's fair enough. You can't
lose a cent."