Page:The Green Bag (1889–1914), Volume 21.pdf/690

 The Editor's Bag meantime. The only question is that of the validity of the title thus acquired by the Society. The defendant, who is the pro prietor of the Arctic Exploration and Publish ing Company, declares that on April 6, 1909, he formally took possession of the North Pole in the name of the United States, and therefore the title immediately vested in the New York Times. The parties to this action having both by advice of this court through their counsel waived inquiry into all questions of fact on account of the non-existence of any credible witnesses, the question of law need only be considered. [The court at this point asked if any lady in the court-room could lend him a hatpin. He then took a large apple from his pocket, stuck the hatpin vertically through the middle and carefully sliced off a piece at the top with his jack-knife. ] The earth is not a true sphere, but an oblate spheroid. The polar region is flattened as in the case of this apple. The geometrical pole is at a point elevated many miles above the earth's surface, while the geographical pole, which Messrs. Cook and Peary claim to have discovered [the court here grimaced rather indecorously] is at the point where this hatpin intersects the top surface of the apple,—not directly under the geometrical pole, but directly between it and the centre of the earth. If the particular land, or water, on which Mr. Peary or Mr. Cook stood happened not to lie in a plane parallel to the equator, but dipped ever so little like the top surface of this apple, all their calculations would have been upset, and they would have been unable to find the pole, or prove that they had found it, except by accident. Were Mr. Cook standing directly underneath the geometrical pole, like this [the court stuck a small piece of match into the apple to indicate the ex plorer] he would revolve round the earth's axis, and were he to arrive actually at the geographical pole his observations would show him to be far south (or north) of it. Unless this part of the earth's surface, therefore, is so shaped that the horizon line gives a correct basis for calculation, neither Cook nor Peary could have discovered the North Pole and have known where, when or how the discovery occurred. If we suppose, however, that the polar regions are such that useful sextant observa tions are practicable,'^the conclusion never

655

theless follows that the North Pole cannot possibly be located. For it is not a fixed point. To quote a writer on international natural law:— The North Pole is not a fixed point, but a point which is perpetually moving round to overcome the motion of the earth and remain in the same place. If one considers the earth as a great wheel and the Pole as an axle fitting it loosely, we see how the axle will be jarred this way and that when the wheel revolves. And the North Pole, because it is an infinitesimal geometrical entity, is separated by an even greater interval from the terrestrial substances.^Sir Isaac Newton Puffendorff, Text book of International Physics, p. 7777; cf. G. Grandidier, Les consequences sctentifiques de la dicouverte du Pole, Journal des Dibats, Sept. 14, 1909. It follows, therefore, as a matter of natural law, that no one has discovered the North Pole, and the court need not go into the hinter land question brought up by Sir Gilbert Parker of counsel for the plaintiff, to weaken the de fendant's claim of a title vesting in the New York Times. If Canada and Siberia are connected by means of a natural causeway intersecting the North Pole, as may be the case, this court does not wish to take the responsibility for a judgment which might annex Asia to the Dominion of Canada. Complaint Dismissed. MAUD MULLER Maud Muller, on a summer's day, was raking the customary meadow filled with hay, when the Judge came along. "Good morning, Maud." "How are you, Judge. Fine morning." "Yes. Um. You are probably aware that President Roosevelt has forbidden all this." "Really." "Really. He claims that the farmer's wife, and, of course, the farmer's daughter, ought not to be raking up hay. Now, if you will give me a glass of water I shall be glad to take you away from all this. I am a rising young corporation lawyer, and think I can make you fairly comfortable.'" Maud, looking carefully at his chestnut mare, accepted his invitation. About thirteen years later, when the Judge was investigated and put into jail, she looked wistfully back over the usual vista of years, thought of the golden-haired yap who lived two farms beyond, that she might have had, and she muttered softly to herself:— "Of all sad words of tongue or pen, The saddest are these: I might have had Ben." —Life.