Page:Melville Davisson Post--The Man of Last Resort.djvu/83

Rh “On what ground?” said the lion. Ambercrombie Hergan, with such a sage judicial air as might obtain with a truck horse.

“First,” replied the Governor, “that the mandamus was improvidently awarded. Second, that the Court issuing the writ was without jurisdiction. And, third, that the act sought to be restrained is not entirely ministerial, but one largely within the discretion of the officer.”

“All them objections,” said the gambler, “this Court overrules.”

“But,” continued the Executive, “in this case the mandamus cannot lie. I move to quash the writ.”

“But it does lie,” asserted the powerful devotee of fortune, hooking his arm through that of the Executive and turning him down the street, “and she can't be squashed.”

The Governor had observed the very great change in the man, and knowing the Honorable Ambercrombie Hergan, he knew that this erratic person had chanced upon some solution for his dilemma—strange and but half-practical, the Governor had no doubt, but certainly