AN IMPORTANT DECISION
For some time after the organization
of the Pleasure Tours, the Enchanted Type-Writer appeared
to be deserted. Night after night I watched over
it with great care lest I should lose any item of
interest that might come to me from below, but, much
to my sorrow, things in Hades appeared to be dull—so
dull that the machine was not called into requisition
at all. I little guessed what important matters
were transpiring in that wonderful country. Had
I done so, I doubt I should have waited so patiently,
although my only method of getting there was suicide,
for which diversion I have very little liking.
On the twenty-fourth night of waiting, however, the
welcome sound of the bell dragged me forth from my
comfortable couch, whither, expecting nothing, I had
retired early.
“Glad to hear your pleasant
tinkle again,” I said. “I’ve
missed you.”
“I’m glad to get back,”
returned Boswell, for it was he who was manipulating
the keys. “I’ve been so infernally
busy, however, over the court news, that I haven’t
had a minute to spare.”
“Court news, eh?” I said.
“You are going to open up a society column,
are you?”
“Not I,” he replied.
“It’s the other kind of a court. We’ve
been having some pretty hot litigation down in Hades
since I was here last. The city of Cimmeria has
been suing the State of Hades for ten years back dog-taxes.”
“For what?” I cried.
“Unpaid dog-taxes for ten years,”
Boswell explained. “We have just as much
government below in our cities as you have, and I
will say for Hades that our cities are better run than
yours.”
“I suppose that is due to the
fact that when a man gets to Hades he immediately
becomes a reformer,” I suggested, with a wink
at the machine, which somehow or other did not seem
to appreciate the joke.
“Possibly,” observed Boswell.
“Whatever the reason, however, the fact remains
that Cimmeria is a well-governed city, and, what is
more, it isn’t afraid to assert its rights even
as against old Apollyon himself.”
“It’s safe enough for
a corporation,” said I. “Much safer
for a corporation which has no soul, than for an individual
who has. You can’t torture a city—”
“Oh, can’t you!”
laughed Boswell. “Humph. Apollyon can
make it as hot for a city as he can for an individual.
It is evident that you never heard of Sodom and Gomorrah—which
is surprising to me, since your jokes about Lot’s
wife being too fresh and getting salted down, would
seem to indicate that you had heard something about
the punishment those cities underwent.”
“You are right, Bozzy,”
I said. “I had forgotten. But tell
me about the dog-tax. Does the State own a dog?”
“Does it?” roared Boswell.
“Why, my dear fellow, where were you brought
up and educated. Does the State own a dog!”
“That’s what I asked you,”
I put in, meekly. “I may be very ignorant,
unless you mean the kind that we have in our legislatures,
called the watch-dogs of the treasury, or, perhaps,
the dogs of war. But I never thought any city
would be crazy enough to make the government take
out a license for them.”
“Never heard of a beast named
Cerberus, I suppose?” said Boswell.
“Yes, I have,” I answered.
“He guards the gates to the infernal regions.”
“Well—he’s
the bone of contention,” said Boswell. “You
see, about ten years ago the people of Cimmeria got
rather tired of the condition of their streets.
They were badly paved. They were full of good
intentions, but the citizens thought they ought to
have something more lasting, so they voted to appropriate
an enormous sum for asphalting. They didn’t
realize how sloppy asphalt would become in that climate,
but after the asphalt was put down they found out,
and a Beelzebub of a time of it they had. Pegasus
sprained his off hind leg by slipping on it, Bucephalus
got into it with all four feet and had to be lifted
out with a derrick, and every other fine horse we had
was more or less injured, and the damage suits against
the city were enormous. To remedy this, the asphalting
was taken up and a Nicholson wood pavement was put
down. This was worse than the other. It
used to catch fire every other night, and, finally,
to protect their houses, the people rose up en masse
and ripped it all to pieces.
“This necessitated a third new
pavement, of Belgian blocks, to pay for which the
already overburdened city of Cimmeria had to issue
bonds to an enormous amount, all of which necessitated
an increase of taxes. Naturally, one of the first
taxes to be imposed was a dog-tax, and it was that
which led to this lawsuit, which, I regret to say,
the city has lost, although Judge Blackstone’s
decision was eminently fair.”
“Wouldn’t the State pay?” I asked.
“Yes—on Cerberus
as one dog,” said Boswell. “The city
claimed, however, that Cerberus was more than that,
and endeavored to collect on three dogs—one
license for each head. This the State declined
to pay, and out of this grew further complications
of a distressing nature. The city sent its dog-catchers
up to abscond with the dog, intending to cut off two
of its heads, and return the balance as being as much
of the beast as the State was entitled to maintain
on a single license. It was an unfortunate move,
for when Cerberus himself took the situation in, which
he did at a glance, he nabbed the dog-catcher by the
coat-tails with one pair of jaws, grabbed hold of his
collar with another, and shook him as he would a rat,
meanwhile chewing up other portions of the unfortunate
official with his third set of teeth. The functionary
was then carried home on a stretcher, and subsequently
sued the city for damages, which he recovered.
“Another man was sent out to
lure the ferocious beast to the pound with a lasso,
but it worked no better than the previous attempt.
The lasso fell all right tight about one of the animal’s
necks, but his other two heads immediately set to
work and gnawed the rope through, and then set off
after the dog-catcher, overtaking him at the very door
of the pound. This time he didn’t do any
biting, but lifting the dog-catcher up with his various
sets of teeth, fastened to his collar, coat-tails,
and feet respectively, carried him yelling like a
trooper to the end of the wharf and dropped him into
the Styx. The result of this was nervous prostration
for the dog-catcher, another suit for damages for the
city, and a great laugh for the State authorities.
In fact,” Boswell added, confidentially, “I
think perhaps the reason why the Prime-minister hasn’t
got Apollyon to hang the whole city government has
been due to the fun they’ve got out of seeing
Cerberus and the city fighting it out together.
There’s no doubt about it that he is a wonderful
dog, and is quite capable of taking care of himself.”
“But the outcome of the case?”
I asked, much interested.
“Defeat for the city,”
said Boswell. “Failing to enforce its authority
by means of its servants, the city undertook to recover
by due process of law. The dog-catchers were powerless;
the police declined to act on the advice of the commissioners,
since dog-catching was not within their province; and
the fire department averred that it was designed for
the putting out of fires and not for extinguishing
fiery canines like Cerberus. The dog, meanwhile,
to show his contempt for the city, chewed the license-tag
off the neck upon which it had been placed, and dropped
it into a smelting-pot inside the gates of the infernal
regions that was reserved to bring political prisoners
to their senses, and, worse than all, made a perfect
nuisance of himself by barking all day and baying
all night, rain or shine.”
“Papers in a suit at law were
then served on Mazarin and the other members of Apollyon’s
council, the causes of complaint were recited, and
damages for ten years back taxes on two dogs, plus
the amounts recovered from the city by the two injured
dog-catchers, were demanded. The suit was put
upon the calendar, and Apollyon himself sat upon the
bench with Judge Blackstone, before whom the case
was to be tried.
“On both sides the arguments
were exceedingly strong. Coke appeared for the
city and Catiline for the State. After the complaint
was read, the attorney for the State put in his answer,
that the State’s contention was that the ordinance
had been complied with, that Cerberus was only one
dog, and that the license had been paid; that the
license having been paid, the dog-catchers had no
right to endeavor to abduct the animal, and that having
done so they did it at their own peril; that the suit
ought to be dismissed, but that for the fun of it
the State was perfectly willing to let it go on.
“In rebuttal the plaintiff claimed
that Cerberus was three dogs to all intents and purposes,
and the first dog-catcher was called to testify.
After giving his name and address he was asked a few
questions of minor importance, and then Coke asked:
“‘Are you familiar with dogs?’
“‘Moderately,’ was
the answer. ’I never got quite so intimate
with one as I did with him.’
“‘With whom?’ asked Coke.
“‘Cerberus,’ replied the witness.
“‘Do you consider him to be one dog, two
dogs or three dogs?’
“‘I object!’ cried
Catiline, springing to his feet. ’The question
is a leading one.’
“‘Sustained,’ said
Blackstone, with a nervous glance at Apollyon, who
smiled reassuringly at him.
“‘Ah, you say you know
a dog when you see one?’ asked Coke.
“‘Yes,’ said the witness, ‘perfectly.’
“‘Do you know two dogs
when you see them, or even three?’ asked Coke.
“‘I do,’ replied the witness.
“‘And how many dogs did
you see when you saw Cerberus?’ asked Coke,
triumphantly.
“‘Three, anyhow,’
replied the witness, with feeling, ’though afterwards
I thought there was a whole bench-show atop of me.’
“‘Your witness,’ said Coke.
“A murmur of applause went through
the court-room, at which Apollyon frowned; but his
face cleared in a moment when Catiline rose up.
“’My cross-examination
of this witness, your honor, will be confined to one
question.’ Then turning to the witness he
said, blandly: ’My poor friend, if you
considered Cerberus to be three dogs anyhow, why did
you in your examination a moment since refer to the
avalanche of caninity, of which you so affectingly
speak, as him?’
“‘He is a him,’ said the witness.
“‘But if there were three, should he not
have been a them?’
“Coke swore profanely beneath
his breath, and the witness squirmed about in his
chair, confused and broken, while both Judge Blackstone
and Apollyon smiled broadly. Manifestly the point
of the defence had pierced the armor of the plaintiff.
“‘Your witness for re-direct,’ said
Catiline.
“‘No thanks,’ retorted
Coke; ‘there are others,’ and, motioning
to his first witness to step down, he called the second
dog-catcher.
“‘What is your business?’
asked Coke, after the usual preliminary questions.
“‘I’m out of business.
Livin’ on my damages,’ said the witness.
“‘What damages?’ asked Coke.
“’Them I got from the
city for injuries did me by that there—I
should say them there—dorgs, Cerberus.’
“‘Them there what?’
persisted Coke, to emphasize the point.
“‘Dorgs,’ said the
witness, convincingly—’D-o-r-g-s.’
“‘Why s?’ queried
Coke. ‘We may admit the r, but why the s?’
“’Because it’s the
pullural of dorg. Cerberus ain’t any single-headed
commission,’ said the witness, who was something
of a ward politician.
“‘Why do you say that
Cerberus is more than one dog?’
“‘Because I’ve had
experience,’ replied the witness. ’I’ve
seen the time when he was everywhere all at once; that’s
why I say he’s more than one dorg. If he’d
been only one dorg he couldn’t have been anywhere
else than where he was.’
“‘When was that?’
“‘When I lassoed him.’
“‘Him?’ remonstrated Coke.
“‘Yes,’ said the
witness. ’I only caught one of him, and
then the other two took a hand.’
“‘Ah, the other two,’
said Coke. ’You know dogs when you see
them?’
“’I do, and he was all
of ’em in a bunch,’ replied the witness.
“‘Your witness,’ said Coke.
“‘My friend,’ said
Catiline, rising quietly. ’How many men
are you?’
“‘One, sir,’ was the answer.
“‘Have you ever been in two places at
once?’
“‘Yes, sir.’
“‘When was that?’
“‘When I was in jail and in London all
at the same time.’
“’Very good; but were
you in two places on the day of this attack upon you
by Cerberus?’
“’No, sir. I wish
I had been. I’d have stayed in the other
place.’
“’Then if you were in
but one place yourself, how do you know that Cerberus
was in more than one place?’
“‘Well, I guess if you—’
“‘Answer the question,’ said Catiline.
“‘Oh, well—of course—’
“‘Of course,’ echoed
Catiline. ’That’s it, your honor;
it is only “of course,”—and
I rest my case. We have no witnesses to call.
We have proven by their own witnesses that there is
no evidence of Cerberus being more than one dog.’
“You ought to have heard the
cheers as Catiline sat down,” continued Boswell.
“As for poor Coke, he was regularly knocked
out, but he rose up to sum up his case as best he
could. Blackstone, however, stopped him right
at the beginning.
“‘The counsel for the
plaintiff might as well sit down,’ he said,
’and save his breath. I’ve decided
this case in favor of the defendant long ago.
It is plain to every one that Cerberus is only one
dog, in spite of his many talents and manifest ability
to be in several places at once, and inasmuch as the
tax which is sued for is merely a dog-tax and not a
poll-tax, I must render judgment for the defendants,
with costs. Next case.’
“And the city of Cimmeria was
thrown out of court,” concluded Boswell.
“Interesting, eh?”
“Very,” said I. “But
how will this affect Blackstone? Isn’t
he a City Judge?”
“No,” replied Boswell;
“he was, but his term expired this morning,
and this afternoon Apollyon appointed him Chief Justice
of the Supreme Court of Hades.”