"I thought that I represented the public," observed the judge dryly. "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' 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 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, 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 to understand the complex miracle of biological reproduction in order to observe that a hen lays eggs? Is it necessary for me to reeducate this entire body of self-appointed custodians of wisdom - cure them of their ingrown superstitions - 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 disproved 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 same body of self-styled experts, and they rejected it. I renew my offer; let me measure the life lengths 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 accumulate data very rapidly to prove that Pinero is a liar, or no."

He stopped, and pushed out his little chest until it almost caught up with his little round belly. He glared at the sweating savants. "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 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 petition for permanent injunction is reserved without prejudice pending the accumulation 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 circumstances and contrary 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, for their private benefit. That is all."