XII THE MAN IN POSSESSION

Previous

Appraised at its value in the current coin of street gossip, the legal seizure of the Trans-Western figured mainly as an example of the failure of modern business methods when applied to the concealment of a working corporation's true financial condition.

This unsympathetic point of view was sufficiently defined in a bit of shop-talk between Harnwicke, the cold-blooded, and his traffic manager in the office of the Overland Short Line the morning after the newspaper announcement of the receivership.

"I told you they were in deep water," said the lawyer, confidently. "They haven't been making any earnings—net earnings—since the Y.S.& F. cut into them at Rio Verde, and the dividends were only a bluff for stock-bracing purposes. I surmised that an empty treasury was what was the matter when they refused to join us in the veto affair."

"That is one way of looking at it," said the traffic manager. "But some of the papers are claiming that it was a legal hold-up, pure and simple."

"Nothing of the kind," retorted the lawyer, whose respect for the law was as great as his contempt for the makers of the laws. "Judge MacFarlane had no discretion in the matter. Hawk had a perfect right to file an amended petition, and the judge was obliged to act upon it. I'm not saying it wasn't a devilish sharp trick of Hawk's. It was. He saw a chance to smite them under the fifth rib, and he took it."

"But how about his client: the woman who was put off the train? Is she any better off than she was before?"

"Oh, she'll get her five thousand dollars, of course, if they don't take the case out of court. It has served its turn. It's an ugly crusher for the Loring management. Hawk's allegations charge all sorts of crookedness, and neither Loring nor Kent seemed to have a word to say for themselves. I understand Kent was in court, either in person or by attorney, when the receivership order was made, and that he hadn't a word to say for himself."

This view of Harnwicke's, colored perhaps by the fact that the Trans-Western was a business competitor of the Short Line, was the generally accepted one in railroad and financial circles at the capital. Civilization apart, there is still a deal of the primitive in human nature, and wolves are not the only creatures that are prone to fall upon the disabled member of the pack and devour him.

But in the State at large the press was discussing the event from a political point of view; one section, small but vehement, raising the cry of trickery and judicial corruption, and prophesying the withdrawal of all foreign capital from the State, while the other, large and complacent, pointed eloquently to the beneficent working of the law under which the cause of a poor woman, suing for her undoubted right, might be made the whip to flog corporate tyranny into instant subjection.

As for the dispossessed stock-holders in the far-away East, they were slow to take the alarm, and still slower to get concerted action. Like many of the western roads, the Western Pacific had been capitalized largely by popular subscription; hence there was no single holder, or group of holders, of sufficient financial weight to enter the field against the spoilers.

But when Loring and his associates had fairly got the wires hot with the tale of what had been done, and the much more alarming tale of what was likely to be done, the Boston inertness vanished. A pool of the stock was formed, with the members of the Advisory Board as a nucleus; money was subscribed, and no less a legal light than an ex-attorney-general of the state of Massachusetts was despatched to the seat of war to advise with the men on the ground. None the less, disaster out-travels the swiftest of "limited" trains. Before the heavily-feed consulting attorney had crossed the Hudson in his westward journey, Wall Street had taken notice, and there was a momentary splash in the troubled pool of the Stock Exchange and a vanishing circle of ripples to show where Western Pacific had gone down.

In the meantime Major James Guilford, somewhile president of the Apache National Bank of Gaston, and antecedent to that the frowning autocrat of a twenty-five-mile logging road in the North Carolina mountains, had given bond in some sort and had taken possession of the company's property and of the offices in the Quintard Building.

His first official act as receiver was to ask for the resignations of a dozen heads of departments, beginning with the general manager and pausing for the moment with the supervisor of track. That done, he filled the vacancies with political troughsmen; and with these as assistant decapitators the major passed rapidly down the line, striking off heads in daily batches until the over-flow of the Bucks political following was provided for on the railroad's pay-rolls to the wife's cousin's nephew.

This was the work of the first few administrative days or weeks, and while it was going on, the business attitude of the road remained unchanged. But once seated firmly in the saddle, with his awkward squad well in hand, the major proceeded to throw a bomb of consternation into the camp of his competitors.

Kent was dining with Ormsby in the grill-room of the Camelot Club when the waiter brought in the evening edition of the Argus, whose railroad reporter had heard the preliminary fizzing of the bomb fuse. The story was set out on the first page, first column, with appropriate headlines.

WAR TO THE KNIFE AND THE KNIFE
TO THE HILT!

TRANS-WESTERN CUTS COMMODITY RATE.

Great Excitement in Railroad Circles.
Receiver Guilford's Hold-up.

Kent ran his eye rapidly down the column and passed the paper across to Ormsby.

"I told you so," he said. "They didn't find the road insolvent, but they are going to make it so in the shortest possible order. A rate war will do it quicker than anything else on earth."

Ormsby thrust out his jaw.

"Have we got to stand by and see 'em do it?"

"The man from Massachusetts says yes, and he knows, or thinks he does. He has been here two weeks now, and he has nosed out for himself all the dead-walls. We can't appeal, because there is no decision to appeal from. We can't take it out of the lower court until it is finished in the lower court. We can't enjoin an officer of the court; and there is no authority in the State that will set aside Judge MacFarlane's order when that order was made under technically legal conditions."

"You could have told him all that in the first five minutes," said Ormsby.

"I did tell him, and was mildly sat upon. To-day he came around and gave me back my opinion, clause for clause, as his own. But I have no kick coming. Somebody will have to be here to fight the battle to a finish when the judge returns, and our expert will advise the Bostonians to retain me."

"Does he stay?" Ormsby asked.

"Oh, no; he is going back with Loring to-night. Loring has an idea of his own which may or may not be worth the powder it will take to explode it. He is going to beseech the Boston people to enlarge the pool until it controls a safe majority of the stock."

"What good will that do?"

"None, directly. It's merely a safe preliminary to anything that may happen. I tell Loring he is like all the others: he knows when he has enough and is willing to stand from under. I'm the only fool in the lot." Ormsby's smile was heartening and good for sore nerves.

"I like your pluck, Kent; I'll be hanged if I don't. And I'll back you to win, yet."

Kent shook his head unhopefully.

"Don't mistake me," he said. "I am fighting for the pure love of it, and not with any great hope of saving the stock-holders. These grafters have us by the nape of the neck. We can't make a move till MacFarlane comes back and gives us a hearing on the merits. That may not be till the next term of court. Meanwhile, the temporary receiver is to all intents and purposes a permanent receiver; and the interval would suffice to wreck a dozen railroads."

"And still you won't give up?"

"No."

"I hope you won't have to. But to a man up a tree it looks very much like a dead cock in the pit. As I have said, if there is any backing to do, I'm with you, first, last, and all the time, merely from a sportsman's interest in the game. But is there any use in a little handful of us trying to buck up against a whole state government?"

The coffee had been served, and Kent dropped a lump of sugar into his cup.

"Ormsby, I'll never let go while I'm alive enough to fight," he said slowly. "One decent quality I have—and the only one, perhaps: I don't know when I'm beaten. And I'll down this crowd of political plunderers yet, if Bucks doesn't get me sand-bagged."

His listener pushed back his chair.

"If you stood to lose anything more than your job I could understand it," he commented. "As it is, I can't. Any way you look at it, your stake in the game isn't worth the time and effort it will take to play the string out. And I happen to know you're ambitious to do things—things that count."

"What is it you don't understand—the motive?"

"That's it."

Kent laughed.

"You are not as astute as Miss Van Brock. She pointed it out to me last night—or thought she did—in two words."

Ormsby's eyes darkened, and he did not affect to misunderstand.

"It would be a grand-stand play," he said half-musingly, "if you should happen to worry it through, I mean. I believe Mrs. Hepzibah would be ready to fall on your neck and forgive you, and turn me down." Then, half-jestingly: "Kent, what will you take to drop this thing permanently and go away?"

David Kent's smile showed his teeth.

"The one thing you wouldn't be willing to give. You asked me once when we had fallen over the fence upon this forbidden ground if I were satisfied, and I told you I wasn't. Do we understand each other?"

"I guess so," said Ormsby. "But—Say, Kent, I like you too well to see you go up against a stone fence blindfolded. I'm like Guilford: I am the man in possession. And possession is nine points of the law."

Kent rose and took the proffered cigar from Ormsby's case.

"It depends a good bit upon how the possession is gained—and held—doesn't it?" he rejoined coolly. "And your figure is unfortunate in its other half. I am going to beat Guilford."

                                                                                                                                                                                                                                                                                                           

Clyx.com


Top of Page
Top of Page