“I'm afraid we have no show,” he replied to Thorpe's question. “You see, you fellows were on the wrong side of the fence in trying to enforce the law yourselves. Of course you may well say that justice was all on your side. That does not count. The only recourse recognized for injustice lies in the law courts. I'm afraid you are due to lose your case.”
“Well,” said Thorpe, “they can't prove much damage.”
“I don't expect that they will be able to procure a very heavy judgment,” replied Northrop. “The facts I shall be able to adduce will cut down damages. But the costs will be very heavy.”
“And,” then pursued Northrop with a dry smile, “they practically own Sherman. You may be in for contempt of court at their instigation. As I understand it, they are trying rather to injure you than to get anything out of it themselves.”
“In other words, it's a case for compromise.”
“Just what I wanted to get at,” said Thorpe with satisfaction. “Now answer me a question. Suppose a man injures Government or State land by trespass. The land is afterwards bought by another party. Has the latter any claim for damage against the trespasser? Understand me, the purchaser bought AFTER the trespass was committed.”
“Certainly,” answered Northrop without hesitation.
“Provided suit is brought within six years of the time the trespass was committed.”
“Good! Now see here. These M. & D. people stole about a section of Government pine up on that river, and I don't believe they've ever bought in the land it stood on. In fact I don't believe they suspect that anyone knows they've been stealing. How would it do, if I were to buy that section at the Land Office, and threaten to sue them for the value of the pine that originally stood on it?”
The lawyer's eyes glimmered behind the lenses of his pince-nez; but, with the caution of the professional man he made no other sign of satisfaction.
“It would do very well indeed,” he replied, “but you'd have to prove they did the cutting, and you'll have to pay experts to estimate the probable amount of the timber. Have you the description of the section?”
“No,” responded Thorpe, “but I can get it; and I can pick up witnesses from the woodsmen as to the cutting.”
“The more the better. It is rather easy to discredit the testimony of one or two. How much, on a broad guess, would you estimate the timber to come to?”