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 Beyond Our Borders

This feature provides The Impact of Foreign Law on the United The CISG’s Approach to Revocation
a perspective on States Supreme Court 17 of Acceptance 351
the global legal The United States Looks into International Protecting U.S. Consumers from Cross-
environment, Bribery 58 Border Telemarketers 379
international laws, and Islamic Law Courts Abroad and at Home 74 Islamic Law and Respondeat Superior 507
laws of other nations “Libel Tourism” 102 Sexual Harassment in Other Nations 540
that relate to specific The Anti-Counterfeiting Trade Limited Liability Companies in Other
legal concepts or topics Agreement 146 Nations 560
discussed in a chapter. An Absence of Codified Criminal Law: Derivative Actions in Other Nations 598
The Pushtun Way 154
Corporate Governance in Other Nations 629
Russian Hackers to the Fore 183
The European Union’s Expanding Role in
The Statute of Frauds and International Sales Antitrust Litigation 657
Contracts 258
Arbitration versus Litigation 728
Impossibility or Impracticability
of Performance in Germany 283

Landmark in the Law

This feature discusses EEquitable Principles and Maxims 10 MacPherson v. Buick Motor Co. (1916) 367
seminal cases, Marbury v. Madison (1803) 66
M Federal Trade Commission Rule 433 416
statutes, or other legal Palsgraf v. Long Island
P Check Clearing in the 21st Century Act
developments that have Railroad Co. (1928) 116
R (Check 21) 437
had significant effects TThe Digital Millennium The Bankruptcy Reform Act of 2005 467
on business law. Copyright Act of 1998 142
C
The Doctrine of Respondeat Superior 505
Miranda v. Arizona (1966) 170
Limited Liability Company (LLC)
Hamer v. Sidway (1891) 224 Statutes 558
The Statute of Frauds 254 The Securities and Exchange
Commission 612
Hadley v. Baxendale (1854) 287
The Sherman Antitrust Act of 1890 642
The Uniform Commercial Code 301
This page intentionally left blank
 The Essentials

Business Law Today

TEXT & SUMMARIZED CASES
E-Commerce, Legal, Ethical, Roger LeRoy Miller
Institute for University Studies

and Global Environment Arlington, Texas

Gaylord A. Jentz
Herbert D. Kelleher
NINTH EDITION Emeritus Professor in Business Law
MSIS Department
University of Texas at Austin
(John Elk III/Lonely Planet Images/Getty Images)

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Business Law Today © 2011, 2008 South-Western, Cengage Learning
The Essentials
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1 2 3 4 5 6 7 13 12 11 10 09
 Contents in Brief

Chapter 1 The Historical and Chapter 18 Employment Law 514

Constitutional Foundations 1 Chapter 19 The Entrepreneur’s Options 552
Chapter 2 Ethics and Business Decision Making 43 Chapter 20 Corporations 574
Chapter 3 Courts and Chapter 21 Investor Protection, Insider Trading,
Alternative Dispute Resolution 64 and Corporate Governance 610
Chapter 4 Torts and Cyber Torts 97 Chapter 22 Promoting Competition 640
Chapter 5 Intellectual Property Chapter 23 Personal Property,
and Internet Law 126 Bailments, and Insurance 663
Chapter 6 Criminal Law 152 Chapter 24 Real Property
Chapter 7 Cyber Crime 179 and Environmental Law 691
Chapter 8 Contracts: Nature, Classification, Chapter 25 International Law
Agreement, and Consideration 199 in a Global Economy 717
Chapter 9 Contracts: Capacity,
Legality, Assent, and Form 235
Appe
e ndicc e s
Appendices
Chapter 10 Contracts: Third Party Rights,
Discharge, Breach, and Remedies 266 Appendix A How to Brief Cases
and Analyze Case Problems A–1
Chapter 11 Sales and Leases:
Formation, Title, and Risk 300 Appendix B The Constitution of the United States A–3
Chapter 12 Sales and Leases: Appendix C Articles 2 and 2A of the
Performance and Breach 334 Uniform Commercial Code A–10
Chapter 13 Warranties, Product Liability, Appendix D The Sarbanes-Oxley Act of 2002
and Consumer Law 358 (Excerpts and Explanatory
Comments) A–43
Chapter 14 Negotiable Instruments 391
Appendix E Sample Answers for End-of-Chapter
Chapter 15 Checks and Banking Hypothetical Questions with Sample
in the Digital Age 424 Answer A–49
Chapter 16 Security Interests, Creditors’ Glossary G–1
Rights, and Bankruptcy 449 Table of Cases TC–1
Chapter 17 Agency 488 Index I–1
v
This page intentionally left blank
 Contents*

*Consult the inside front and back covers of this book for
easy reference to the many special features in this textbook.

Chapter 1 The Historical and Fog Cutter Capital Group, Inc. v. Securities and Exchange
Commission (2007) 53
Constitutional Foundations 1
Making Ethical Business Decisions 55
Practical Solutions to Corporate Ethics Questions 55
Business Activities and the Legal Environment 2 Business Ethics on a Global Level 56
Sources of American Law 3 Adapting the Law to the Online Environment Corporate Reputations
The Common Law Tradition 7 under Attack 57
Classifications of Law 10 Beyond Our Borders The United States Looks into International
Landmark in the Law Equitable Principles and Maxims 10 Bribery 58
Reviewing . . . Ethics and Business Decision Making 59
The Constitutional Powers of Government 12 Linking the Law to Managerial Accounting Managing a Company’s
Heart of Atlanta Motel v. United States (1964) 13 Reputation 59

Business and the Bill of Rights 15 Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Beyond Our Borders The Impact of Foreign Law on the United States
Writing Assignments • Practical Internet Exercises
Supreme Court 17
Bad Frog Brewery, Inc. v. New York State Liquor Authority (1998) 19
Adapting the Law to the Online Environment The Supreme Court Chapter 3 Courts and
Upholds a Law That Prohibits Pandering Virtual Child Pornography 21 Alternative Dispute Resolution 64
In re Episcopal Church Cases (2009) 22

Due Process and Equal Protection 23 The Judiciary’s Role in American Government 64
Privacy Rights 25 Basic Judicial Requirements 65
Reviewing . . . The Historical and Constitutional Foundations 27 Landmark in the Law Marbury v. Madison (1803) 66
Linking the Law to Management Dealing with Administrative Law 27 Preventing Legal Disputes 70
Key Terms • Chapter Summary • ExamPrep • For Review • Oregon v. Legal Services Corp. (2009) 71
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises The State and Federal Court Systems 72
Appendix to Chapter 1: Finding and Analyzing the Law 33 Beyond Our Borders Islamic Law Courts Abroad and at Home 74

Finding Statutory and Administrative Law 33 Following a State Court Case 77

Finding Case Law 34 Adapting the Law to the Online Environment The Duty to Preserve
Electronic Evidence for Discovery 81
Reading and Understanding Case Law 36 Evans v. Eaton Corp. (2008) 83
The Courts Adapt to the Online World 84
Chapter 2 Ethics and Business Decision Making 43 Alternative Dispute Resolution 85
NCR Corp. v. Korala Associates, Ltd. (2008) 88
Business Ethics 44 Reviewing . . . Courts and Alternative Dispute Resolution 91
United States v. Skilling (2009) 45 Business Application To Sue or Not to Sue? 91
Preventing Legal Disputes 47 Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Ethical Transgressions by Financial Institutions 49 Writing Assignments • Practical Internet Exercises
Approaches to Ethical Reasoning 51

vii
viii CO N T E N TS

Chapter 4 Torts and Cyber Torts 97 Chapter 6 Criminal Law 152

The Basis of Tort Law 98 Civil Law and Criminal Law 152
Intentional Torts against Persons 99 Beyond Our Borders An Absence of Codified Criminal Law: The
Beyond Our Borders “Libel Tourism” 102 Pushtun Way 154
McClain v. Octagon Plaza, LLC (2008) 107 Criminal Liability 154
Preventing Legal Disputes 157
Intentional Torts against Property 109
Trustees of University of District of Columbia v. Vossoughi (2009) 111
Types of Crimes 157
Defenses to Criminal Liability 163
Unintentional Torts (Negligence) 112 Constitutional Safeguards and Criminal Procedures 165
Preventing Legal Disputes 114 United States v. Moon (2008) 167
Landmark in the Law Palsgraf v. Long Island Railroad Co. (1928) 116 Herring v. United States (2009) 169
Strict Liability 118 Landmark in the Law Miranda v. Arizona (1966) 170
Cyber Torts—Online Defamation 119 Criminal Process 171
Fair Housing Council of San Fernando Valley v. Roommate.com, Reviewing . . . Criminal Law 173
LLC (2008) 120 Business Application Determining How Much Force You Can Use to
Adapting the Law to the Online Environment Should CDA Immunity Prevent Crimes on Business Premises 174
Extend to Negligence Claims against MySpace? 120 Key Terms • Chapter Summary • ExamPrep • For Review •
Reviewing . . . Torts and Cyber Torts 121 Hypothetical Scenarios and Case Problems • Critical Thinking and
Business Application How Important Is Tort Liability to Business? 121
Writing Assignments • Practical Internet Exercises
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises Chapter 7 Cyber Crime 179

Chapter 5 Intellectual Property Computer Crime and the Internet 179

and Internet Law 126 Cyber Crimes against Persons and Property 180
Beyond Our Borders Russian Hackers to the Fore 183

Trademarks and Related Property 127 State v. Cline (2008) 185

The Coca-Cola Co. v. Koke Co. of America (1920) 127 Cyber Crimes in the Business World 185
Cyber Marks 132 The Spread of Spam 189
George V Restauration S.A. v. Little Rest Twelve, Inc. (2009) 134 Cyber Crimes against the Community—Gambling in
Preventing Legal Disputes 135 Cyberspace 190
Patents 135 United States v. $6,976,934.65, Plus Interest Deposited into Royal Bank of
Scotland International (2009) 191
KSR International Co. v. Teleflex, Inc. (2007) 136
Fighting Cyber Crime 192
Copyrights 137 Adapting the Law to the Online Environment Can Students Who Gain
Adapting the Law to the Online Environment Should the Law Unauthorized Access to an Online Antiplagiarism Service Be Subject to
Continue to Allow Business Process Patents? 138 the Computer Fraud and Abuse Act? 193
Landmark in the Law The Digital Millennium Copyright Act of 1998 142 Reviewing . . . Cyber Crime 194
Trade Secrets 143 Business Application How Can You Protect against Identity Theft? 195
International Protection for Intellectual Property 144 Key Terms • Chapter Summary • ExamPrep • For Review •
Beyond Our Borders The Anti-Counterfeiting Trade Agreement 146 Hypothetical Scenarios and Case Problems • Critical Thinking and
Reviewing . . . Intellectual Property and Internet Law 146 Writing Assignments • Practical Internet Exercises
Linking the Law to Marketing Trademarks and Service Marks 147
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises
 CO N T E N TS ix

Chapter 8 Contracts: Nature, Classification, Chapter 10 Contracts: Third Party Rights,

Agreement, and Consideration 199 Discharge, Breach, and Remedies 266

An Overview of Contract Law 200 Assignment and Delegation 267

Types of Contracts 202 Third Party Beneficiaries 272
Uhrhahn Construction & Design, Inc. v. Hopkins (2008) 205 Revels v. Miss America Organization (2007) 274
Agreement 208 Contract Discharge 275
Lucy v. Zehmer (1954) 209 Wisconsin Electric Power Co. v. Union Pacific Railroad Co. (2009) 277
Preventing Legal Disputes 211 Beyond Our Borders Impossibility or Impracticability of Performance
T. W. Nickerson, Inc. v. Fleet National Bank (2009) 213 in Germany 283

Agreement in E-Contracts 218 Damages 284

Preventing Legal Disputes 286
Consideration 223 Landmark in the Law Hadley v. Baxendale (1854) 287
Landmark in the Law Hamer v. Sidway (1891) 224
Reviewing . . . Contracts: Nature, Classification, Agreement, and Equitable Remedies 288
Consideration 227 Drake v. Hance (2009) 291
Linking the Law to Marketing Customer Relationship
Management 228 Recovery Based on Quasi Contract 292
Key Terms • Chapter Summary • ExamPrep • For Review •
Election of Remedies 293
Reviewing . . . Contracts: Third Party Rights, Discharge, Breach,
Hypothetical Scenarios and Case Problems • Critical Thinking and
and Remedies 293
Writing Assignments • Practical Internet Exercises
Business Application What Do You Do When You Cannot Perform? 293
Key Terms • Chapter Summary • ExamPrep • For Review •
Chapter 9 Contracts: Capacity, Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises
Legality, Assent, and Form 235

Contractual Capacity 236 Chapter 11 Sales and Lease:

Legality 239 Formation, Title, and Risk 300
Comedy Club, Inc. v. Improv West Associates (2009) 241
Preventing Legal Disputes 242 The Scope of the UCC and Articles 2 (Sales)
Voluntary Consent 245 and 2A (Leases) 301
Inkel v. Pride Chevrolet-Pontiac, Inc. (2008) 247 Landmark in the Law The Uniform Commercial Code 301
Adapting the Law to the Online Environment Online Personals— Adapting the Law to the Online Environment The Thorny Issue of
Fraud and Misrepresentation Issues 249 Taxing Internet Sales 303
Rosenzweig v. Givens (2009) 251 Jannusch v. Naffziger (2008) 304
Form 253 The Formation of Sales and Lease Contracts 306
Landmark in the Law The Statute of Frauds 254 Preventing Legal Disputes 309
Beyond Our Borders The Statute of Frauds and International Sales Glacial Plains Cooperative v. Lindgren (2009) 314
Contracts 258 Jones v. Star Credit Corp. (1969) 316
Reviewing . . . Contracts: Capacity, Legality, Assent, and Form 260
Linking the Law to Business Communication When E-Mails Become Title and Risk of Loss 317
Enforceable Contracts 260 Contracts for the International Sale of Goods 322
Key Terms • Chapter Summary • ExamPrep • For Review • Reviewing . . . Sales and Leases: Formation, Title, and Risk 324
Hypothetical Scenarios and Case Problems • Critical Thinking and Business Application Who Bears the Risk of Loss—the Seller or the
Writing Assignments • Practical Internet Exercises Buyer? 324

Appendix to Chapter 11: An Example of a Contract for the

International Sale of Coffee 330
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises
x CO N T E N TS

Chapter 12 Sales and Leases: Chapter 14 Negotiable Instruments 391

Performance and Breach 334
Types of Instruments 392
Performance Obligations 334 Requirements for Negotiability 395
Obligations of the Seller or Lessor 335 Preventing Legal Disputes 396
Maple Farms, Inc. v. City School District of Elmira (1974) 338 Foundation Property Investments, LLC v. CTP, LLC (2007) 399
Preventing Legal Disputes 341 Transfer of Instruments 401
Obligations of the Buyer or Lessee 341 Holder in Due Course (HDC) 405
Anticipatory Repudiation 342 Georg v. Metro Fixtures Contractors, Inc. (2008) 406
Remedies of the Seller or Lessor 343 South Central Bank of Daviess County v. Lynnville National
Remedies of the Buyer or Lessee 346 Bank (2009) 407
Houseman v. Dare (2009) 347 Signature and Warranty Liability 409
Fitl v. Strek (2005) 350 Defenses, Limitations, and Discharge 414
Beyond Our Borders The CISG’s Approach to Revocation of Landmark in the Law Federal Trade Commission Rule 433 416
Acceptance 351 Reviewing . . . Negotiable Instruments 417
Limitation of Remedies 351 Business Application Pitfalls When Writing and Indorsing Checks 417
Reviewing . . . Sales and Leases: Performance and Breach 352 Key Terms • Chapter Summary • ExamPrep • For Review •
Business Application What Can You Do When a Contract Is Hypothetical Scenarios and Case Problems • Critical Thinking and
Breached? 352 Writing Assignments • Practical Internet Exercises
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises Chapter 15 Checks and Banking
in the Digital Age 424
Chapter 13 Warranties, Product Liability,
and Consumer Law 358 Checks 424
MidAmerica Bank, FSB v. Charter One Bank (2009) 426

Warranties 359 The Bank-Customer Relationship 427

Preventing Legal Disputes 360 Bank’s Duty to Honor Checks 428
Webster v. Blue Ship Tea Room, Inc. (1964) 361 Auto-Owners Insurance Co. v. Bank One (2008) 431
Preventing Legal Disputes 433
Product Liability 366 Bank’s Duty to Accept Deposits 434
Strict Product Liability 366 Landmark in the Law Check Clearing in the 21st Century Act
Landmark in the Law MacPherson v. Buick Motor Co. (1916) 367 (Check 21) 437
Wyeth v. Levine (2009) 370 Bank One, N.A. v. Dunn (2006) 439
Adapting the Law to the Online Environment Should Video Games Be
Required to Have Warning Labels? 372 Electronic Fund Transfers 440
Defenses to Product Liability 372 E-Money and Online Banking 442
Consumer Law 375 Reviewing . . . Checks and Banking in the Digital Age 443
Linking the Law to Economics Banking in a Period of Crisis 444
Federal Trade Commission v. QT, Inc. (2008) 376
Key Terms • Chapter Summary • ExamPrep • For Review •
Beyond Our Borders Protecting U.S. Consumers from Cross-Border Hypothetical Scenarios and Case Problems • Critical Thinking and
Telemarketers 379
Writing Assignments • Practical Internet Exercises
Reviewing . . . Warranties, Product Liability, and Consumer Law 384
Linking the Law to Management Quality Control 385
Key Terms • Chapter Summary • ExamPrep • For Review • Chapter 16 Security Interests,
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises
Creditors’ Rights, and Bankruptcy 449

Security Interests in Personal Property 450

Preventing Legal Disputes 453
 CO N T E N TS xi

Hicklin v. Onyx Acceptance Corp. (2009) 458 Employee Privacy Rights 524
Additional Laws Assisting Creditors 459 Preventing Legal Disputes 526
Capital Color Printing, Inc. v. Ahern (2008) 464 Immigration Law 528
Castellanos-Contreras v. Decatur Hotels, LLC (2009) 531
Laws Assisting Debtors 465
Bankruptcy Proceedings 466 Employment Discrimination 531
Landmark in the Law The Bankruptcy Reform Act of 2005 467 Beyond Our Borders Sexual Harassment in Other Nations 540

In re Kuehn (2009) 471 Sprint/United Management Co. v. Mendelsohn (2008) 541

Rohr v. Salt River Project Agricultural Improvement and Power
Adapting the Law to the Online Environment The Debt That Never District (2009) 543
Goes Away—It’s Discharged in Bankruptcy But Still on the Debtor’s
Reviewing . . . Employment Law 546
Credit Report 477
Linking the Law to Management Human Resource Management
Reviewing . . . Security Interests, Creditors’ Rights, and Bankruptcy 482
Linking the Law to Economics The Effects of Bankruptcy Law on Comes to the Fore 547
Consumers and Businesses 482 Key Terms • Chapter Summary • ExamPrep • For Review •
Key Terms • Chapter Summary • ExamPrep • For Review • Hypothetical Scenarios and Case Problems • Critical Thinking and
Hypothetical Scenarios and Case Problems • Critical Thinking and Writing Assignments • Practical Internet Exercises
Writing Assignments • Practical Internet Exercises
Chapter 19 The Entrepreneur’s Options 552
Chapter 17 Agency Relationships in Business 488
Major Business Forms 552
Agency Relationships 489 1515 North Wells, LP v. 1513 North Wells, LLC (2009) 555
Lopez v. El Palmar Taxi, Inc. (2009) 491 Allen v. Dackman (2009) 556

How Agency Relationships Are Formed 492 Landmark in the Law Limited Liability Company Statutes 558
Beyond Our Borders Limited Liability Companies in Other Nations 560
Duties of Agents and Principals 494 Special Business Forms 561
Preventing Legal Disputes 496
Private Franchises 564
Agent’s Authority 497 Adapting the Law to the Online Environment Satisfying the FTC’s
Ermoian v. Desert Hospital (2007) 499 Franchise Rule in the Internet Age 566
Liability in Agency Relationships 500 LJL Transportation, Inc. v. Pilot Air Freight Corp. (2009) 567
Warner v. Southwest Desert Images, LLC (2008) 503 Preventing Legal Disputes 568
Landmark in the Law The Doctrine of Respondeat Superior 505 Reviewing . . . The Entrepreneur’s Options 568
How Agency Relationships Are Terminated 506 Business Application What Problems Can a Franchisee Anticipate? 568
Beyond Our Borders Islamic Law and Respondeat Superior 507 Key Terms • Chapter Summary • ExamPrep • For Review •
Reviewing . . . Agency 508 Hypothetical Scenarios and Case Problems • Critical Thinking and
Business Application How Can an Employer Use Independent Writing Assignments • Practical Internet Exercises
Contractors? 509
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Chapter 20 Corporations 574
Writing Assignments • Practical Internet Exercises
Corporate Nature and Classification 575
Chapter 18 Employment Law 514 Adapting the Law to the Online Environment Economic Recession
Fuels the Internet Taxation Debate 577
Williams v. Stanford (2008) 580
Employment at Will 514 Corporate Formation and Powers 581
Wage and Hour Laws 516 Brown v. W.P. Media, Inc. (2009) 583
Layoffs 518 Corporate Financing 584
Family and Medical Leave 519 Corporate Management—Directors and Officers 586
Worker Health and Safety 520 Preventing Legal Disputes 588
Income Security 521 Guth v. Loft, Inc. (1939) 590
xii CO N T E N TS

Corporate Ownership—Shareholders 592 Beyond Our Borders The European Union’s Expanding Role in Antitrust
Beyond Our Borders Derivative Actions in Other Nations 598 Litigation 657
Reviewing . . . Promoting Competition 657
Mergers and Acquisitions 598 Business Application How Can You Avoid Antitrust Problems? 658
Termination 601 Key Terms • Chapter Summary • ExamPrep • For Review •
Reviewing . . . Corporations 603 Hypothetical Scenarios and Case Problems • Critical Thinking and
Linking the Law to Finance Sources of Funds 603 Writing Assignments • Practical Internet Exercises
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises Chapter 23 Personal Property,
Bailments, and Insurance 663
Chapter 21 Investor Protection, Insider Trading,
and Corporate Governance 610 Property Ownership 664
Acquiring Ownership of Personal Property 665
In re Estate of Piper (1984) 667
Securities Act of 1933 611
Landmark in the Law The Securities and Exchange Commission 612 Mislaid, Lost, and Abandoned Property 669
Preventing Legal Disputes 613 Bailments 670
Securities Exchange Act of 1934 618 Preventing Legal Disputes 671
Adapting the Law to the Online Environment Corporate Blogs and LaPlace v. Briere (2009) 675
Tweets Must Comply with the Securities Exchange Act 619 Insurance 677
Securities and Exchange Commission v. Texas Gulf Sulphur Co. (1968) 620 Woo v. Fireman’s Fund Insurance Co. (2007) 684
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. (2008) 622
Reviewing . . . Personal Property, Bailments, and Insurance 685
Stark Trading v. Falconbridge, Ltd. (2009) 626
Business Application How Can You Manage Risk in Cyberspace? 685
State Securities Laws 627 Key Terms • Chapter Summary • ExamPrep • For Review •
Corporate Governance 628 Hypothetical Scenarios and Case Problems • Critical Thinking and
Beyond Our Borders Corporate Governance in Other Nations 629 Writing Assignments • Practical Internet Exercises
Online Securities Fraud 632
Reviewing . . . Investor Protection, Insider Trading, and Corporate Chapter 24 Real Property
Governance 634
Linking the Law to Taxation The Tax Consequences of Deleveraging and Environmental Law 691
during an Economic Crisis 634
Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
The Nature of Real Property 691
Writing Assignments • Practical Internet Exercises Preventing Legal Disputes 693
Ownership Interests in Real Property 693
Roman Catholic Church of Our Lady of Sorrows v. Prince Realty
Chapter 22 Promoting Competition 640 Management, LLC (2008) 695
Transfer of Ownership 696
The Sherman Antitrust Act 641 Drake v. Walton County (2009) 699
Landmark in the Law The Sherman Antitrust Act of 1890 642 Leasehold Estates 700
Section 1 of the Sherman Act 643 Landlord-Tenant Relationships 701
Leegin Creative Leather Products, Inc. v. PSKS, Inc. (2007) 646 Environmental Law 703
Section 2 of the Sherman Act 646 Entergy Corp. v. Riverkeeper, Inc. (2009) 707
Preventing Legal Disputes 648 Reviewing . . . Real Property and Environmental Law 711
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co. (2007) 649 Linking the Law to Economics Eminent Domain 711
The Clayton Act 650 Key Terms • Chapter Summary • ExamPrep • For Review •
Hypothetical Scenarios and Case Problems • Critical Thinking and
Chicago Bridge & Iron Co. v. Federal Trade Commission (2008) 653
Writing Assignments • Practical Internet Exercises
Enforcement and Exemptions 654
U.S. Antitrust Laws in the Global Context 655
 CO N T E N TS xiii

Chapter 25 International Law Appendices

in a Global Economy 717
Appendix A How to Brief Cases
and Analyze Case Problems A–1
International Law—Sources and Principles 718
Doing Business Internationally 720 Appendix B The Constitution of the United States A–3
Regulation of Specific Business Activities 722 Appendix C Articles 2 and 2A of the Uniform
Fuji Photo Film Co. v. International Trade Commission (2007) 723 Commercial Code A–10
United States v. Inn Foods, Inc. (2009) 724
Appendix D The Sarbanes-Oxley Act of 2002 (Excerpts
Commercial Contracts in an International Setting 726 and Explanatory Comments) A–43
Preventing Legal Disputes 726
Beyond Our Borders Arbitration versus Litigation 728 Appendix E Sample Answers for End-of-Chapter
Payment Methods for International Transactions 728 Hypothetical Questions with Sample
U.S. Laws in a Global Context 729 Answer A–49
Khulumani v. Barclay National Bank, Ltd. (2007) 731
Reviewing . . . International Law in a Global Economy 732
Linking the Law to Marketing Going Global 733 Glossary G–1
Key Terms • Chapter Summary • ExamPrep • For Review • Table of Cases TC–1
Hypothetical Scenarios and Case Problems • Critical Thinking and
Writing Assignments • Practical Internet Exercises Index I–1
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of superior wisdom that he always wore when Tiny asked him a
question that he could answer. I am afraid he sometimes hunted up
one or two long words, to be worked into his next conversation with
Tiny, purely for the purpose of explaining to her! It was so pleasant
to see her large eyes raised admiringly to his face.
“But why shouldn’t it be a really and truly coincidence, Johnny?”
pursued Tiny.
“Oh well, because Mr. Lennox said one day that he thought Harry
Conover and I might be shaken up together, and equally divided, to
advantage, and Harry’s the quietest boy I ever knew, so it’s pretty
plain what he meant by that. And I’ve noticed how he does with the
other boys; he finds out where their weak spots are, and then tries
to brace them up there, but while he’s trying, he sort of keeps things
out of their way that would be likely to make them slip up, and so I
s’pose that is what he is doing to me. But it’s very stupid to be all
alone, and I wish another boy would come—then he’d have to use
that desk, for it’s the only one that’s left.”
Two or three days after this talk with Tiny, Johnny rushed in from
school in a state of great excitement, exclaiming, as he entered the
room where his mother and sister were sitting,—
“The seat’s taken, mamma! And it wasn’t a coincidence, Tiny! Mr.
Lennox made a little sort of a speech to me, all by myself, after
school; he knew this boy was coming, and he saved the seat on
purpose for him, and I’m dreadfully afraid he’s a prig! He didn’t act
the least bit like a new boy, he just studied and ciphered and wrote
as if he’d been going there all his life! And whenever I spoke to him,
he just looked at me—so!” and Johnny’s round face assumed an
expression of mild and reproachful surprise, which made Tiny laugh,
and even made his mother smile, though she shook her head at him
at the same time, saying reprovingly,—
“Johnny, Johnny, you know I don’t like you to mimic people, dear!”
“I beg your pardon, mammy darling!” and Johnny poked his rough
head into his mother’s lap, “that sort of went off of itself! But
indeed, I didn’t talk much to him, and it was about very useful
things. He hadn’t any sponge, and I offered him mine, and he was
hunting everywhere but in the right place for the Danube river, and I
just put my finger on the map, and said, ‘Here it is,’ and he didn’t so
much as say ‘thank you!’ And at recess I said, ‘Do you love cookies,
Ned?’—his name is Ned Owen—and he said, with a sort of a sniff, ‘I
don’t love anything to eat,’ so I thought I’d—I’d see him further
before I’d give him one of your cookies, mamma!”
“Now Johnny Leslie,” said his mother, smoothing his hair softly
with her nice little cool hands, “you’ve taken a prejudice against that
poor boy, and if you don’t stop yourself, you’ll be quarrelling with
him before long! Something I read the other day said that, when we
find fault with people, and talk against them, there is always envy at
the bottom of our dislike. I don’t think it is quite always so, but I do
believe it very often is. While you are undressing to-night, I want
you to sort yourself out, and put yourself just where you belong.”
Johnny hung his head; he did not have to do a great deal of
sorting to find the truth of what his mother had said.
There was a careful completeness about everything the new boy
had done, which, to a head-over-heels person, was truly
exasperating.
And as days passed on, this feeling grew and strengthened. There
was a curious little stiffness and formality about all Ned Owen said
and did, which Johnny found very “trying,” and which made him
overlook the boy’s really pleasant side; for he had a pleasant side, as
every one has, only, unfortunately, we do not always take as much
pains to find it as we do to find the unpleasant one.
It seemed to most of the boys that Ned did not mind the fun
which was certainly “poked” at him in abundance, but Johnny was
very sure that he did. The pale, thin face would flush suddenly, the
slender hands would be clinched, either in his pockets, or under
cover of his desk. Johnny generally managed to keep himself from
joining in the fun, as it was considered by all but the victim, but he
did this more to please his mother than because he allowed his
conscience to tell him the truth.
Boys are not always so funny and witty as they mean to be and
think they are. There was nothing really amusing in calling Ned “Miss
Nancy,” and asking him what he put on his hands to whiten them,
and yet these remarks, and others of the same lofty character, could
raise a laugh at any time.
But deep under Johnny’s contempt for Ned, was the thorn of envy.
Before Ned came, Johnny had stood first in just one thing. Twice a
week the “Scholar’s Companion” class was required to write
“sentences”; that is, each boy must choose a word out of the
spelling and defining lesson, and work it into a neatly turned
sentence of not less than six, or more than ten lines. Johnny liked
this; it seemed to him like playing a game, and he had stood at the
head of the class for a long time, for it so happened that no other
boy in the class shared his feeling about it. But now, Ned went
above him nearly every other time, and they changed places so
regularly, that this too became a standing joke among the other
boys.
Johnny was walking home from school one day with such
unnatural deliberation, that Jim Brady, whose stand he was passing
without seeing where he was, called out with much pretended
anxiety,—
“You’re not sunstruck, or anything, are you, Johnny? I’ve heard
that when folks are sunstruck, they don’t recognize their best
friends!”
Johnny laughed, but not very heartily.
“I beg your pardon, Jim,” he said, “I didn’t see you, really and
truly—I was thinking.”
“All right!” said Jim, cordially, “it’s hard work, thinking is, and sort
of takes a fellow’s mind up! I know how it is myself.”
 While he was speaking, a little lame boy, ragged, dirty, and totally
unattractive-looking, shuffled up, and waited to be noticed.
“Well, Taffy,” said Jim, with a gentleness which Johnny had only
seen displayed to his mother and Tiny, before, “did you sell them
all?”
“I did, Jimmy!” and the ugly, wizened little face was
brightened with a smile, “every one I sold—and look
here, will you?” and he held up a silver quarter.
“Well done, you!” and Jim patted him approvingly on
the back. “Now see here; here’s two tens and a five I’ll
give you for it; you’ll give me one of the tens, to buy
your papers for you in the morning, and the fifteen will
get you a bed at Mother Rooney’s, and buy your
supper and breakfast. You’d better peg right along, for
it’s quite a walk from here. Be along bright and early,
and I’ll have the papers ready for you.”
The little fellow nodded, and limped away.
“Who is he, anyhow?” asked Johnny, when he was out of hearing.
“Oh, I don’t know!” and Jim looked embarrassed, for the first time
in his life, so far as Johnny’s knowledge of him went. “He’s a little
beggar whose grandmother or something died last week, and the
other people in the room kicked him out. You see, your mother had
just been reading us that piece about neighbors—about that old
fellow that picked up the one that was robbed, and gave him a ride,
and paid for him at the tavern, and then she said it ought to be just
the same way now—we ought to be looking out for chances to be
neighborly, and it just happened—”
Jim had grown quite red in the face, and now he stopped abruptly.
“I think that was jolly of you,” said Johnny, warmly, “how near you
did he live, before he was kicked out?”
“About two miles off, I should say, if I was to survey it,” and Jim
grinned, recovering his composure as he did so.
 “I often wonder at you, Johnny Leslie,” he continued, “and think
maybe you came out of a penny paper story, and were swapped off
for another baby, when you were little!”
“What on earth do you mean?” asked Johnny, impatiently. He was
somewhat afraid of Jim’s sharp eyes and tongue.
“Oh, nothing much,” replied Jim, “it’s just my little lively way, you
know. But your mother don’t think neighbors need to live next door
to each other; you ask her if she does!”
“Oh!” said Johnny, “why can’t you say what you mean right out,
Jim?”
“Well, I might, possibly, I suppose,” and Jim looked thoughtful,
“but I’ve a general idea it wouldn’t always give satisfaction all round,
and I’m the last man to hurt a fellow-critter’s feelings, as you ought
to know by this time, Johnny!”
“I must go home,” said Johnny, suddenly, “Goodbye, Jim.”
“Goodbye to you,” responded Jim, affably, “I’ll be along as usual, if
you’ve no previous engagement.”
“All right—but look here, Jim,” and Johnny wheeled abruptly round
again, “why do you buy that little Taffy’s papers for him?”
“You’d better go home, Johnny—you might be late for your tea,
my dear boy!”
“Now, Jim Brady, you tell me!”
“Because the big boys hustle him, and he can’t fight his way
through because he’s lame. Now get out!”
Johnny obeyed, but he was thinking harder than ever, now. And a
sort of refrain was running through his mind—a sentence from the
story Jim had recalled to him: “And who is my neighbor?”

“Do you know, Johnny,” said Tiny, a few days after Johnny had
met Jim, and heard about Taffy, “I don’t believe you mean to—but
you are growing rather cross. Perhaps you don’t feel very well?”
Johnny burst out laughing; Tiny’s manner, as she said this, was so
very funny. It was what her brother called her “school-marm air.”
“That’s much better!” said Tiny, nodding her head with a satisfied
look, “I was ’most afraid you’d forget how to laugh, it’s so easy to
forget things.”
“Now Tiny!” said Johnny, with the fretful sound in his voice which
had struck her as a sign that he didn’t feel well, “you say a thing like
that, and you think you’re smart, but it isn’t easy to forget things at
all, some things, I mean. I do believe folks forget all they want to
remember, and remember all they want to forget!”
“I don’t know of anything I want to forget,” remarked Tiny, “and I
should not think you would either. Is it a bad dream?”
“No,” replied Johnny, “I don’t suppose it is, though sometimes it
kind of seems to me as if it might be, and I’m a little in hopes I’ll
wake up and find it is, after all!”
“But I do not wish to forget my bad dreams,” said Tiny, “for after
they’re over, they are very interesting to remember, like that one
about walking on the ceiling, you know, like a fly. It was dreadful,
while it lasted, but it pleases me to think of it now. Aren’t you going
to tell me what it is that you ’most hope is a dream?”
“I don’t know,” said Johnny, doubtfully, “you are a very nice little
girl, Tiny, for a girl, but you can’t be expected to know about things
that happen to boys. Though to be sure, this sort of thing might
happen to girls, I suppose, if they went to school. You know that
new boy I told you about?”
Tiny nodded.
“Well, he isn’t having much of a good time. The other fellows
plague him. But I don’t see that’s it’s any of my business, now; do
you?”
“I’m afraid—” began Tiny, and then stopped short.
 “Out with it!” said Johnny, impatiently, “you’re afraid—what?”
“I’m afraid that’s what the priest and the Levite said,” finished
Tiny, slowly.
“What do you?—oh yes, I suppose you mean about the Good
Samaritan, and, ‘now which of these was neighbor?’ Is that what
you’re driving at?”
Tiny nodded again, even more earnestly than before.
“Now that’s very queer,” said Johnny, musingly, “but Jim said
almost exactly the same thing. He’s picked up a little lame fellow—
no relation to him at all, and no more his concern than anybody’s
else—and he’s keeping the boys off him, and behaving as if he was
the little chap’s grandmother, and I do believe it is all because of
things mamma has said to him. He doesn’t know about Ned Owen;
what he said was because I happened to catch him grandmothering
this little Taffy, as he calls him, but it was just exactly as if he had
known all about everything. It’s very well for him; he isn’t all mixed
up with the other bootblacks, the way I am with the boys at school,
and he can do as he pleases, but don’t you see, Tiny, what a mess I
should get myself into, right away, if I began to take up for that boy
against all the others?”
Tiny replied with what Johnny considered
needless emphasis,—
“I don’t see it at all, Johnny Leslie, and
what’s more, I don’t believe you do either! The
boys at school would only laugh at you, if the
worst came to the worst, and I’m pretty sure,
from things Jim has told mamma, that the kind
of boys he knows would just as lief kick him,
or knock him down, if they were big enough,
as to look at him! And if you’d stand up for
that poor little boy, I think some more of them would, too. Don’t you
remember, papa said boys were a good deal like sheep; that if one
went over the fence, the whole flock would come after him;
sometimes, I wish I could do something for that boy! I don’t see
how you can bear to let them all make fun of him, and never say a
word, when it made you so mad, that time, when those two dreadful
boys tried to hang my kitten. It seems to me it’s exactly the same
thing!”
Tiny’s face was quite red by the time she had finished this long
speech, and Johnny’s, though for a very different reason, was red
too. He had been angry with Tiny, at first, but before she stopped
speaking, his anger had turned against himself. She was a little
frightened at her own daring in “speaking up” to Johnny in this way,
but she soon saw that her fright was needless.
“Tiny,” he said, solemnly, after a rather long pause, “you can’t
expect me to wish I was a girl, you know, they do have such flat
times, but I will say I think its easier for them to be good than it is
for boys,—in some ways, anyhow,—and I think I must be the
beginning of a snob! You didn’t even look foolish the day mamma
took Jim with us to see the pictures, and we met pretty much
everybody we knew, and my face felt red all the time. I’m really very
much obliged to you for shaking me up. I shall talk it all out with
mamma, now, and see if I can’t settle myself. To think how much
better a fellow Jim is than I am, when I’ve had mamma and papa
and you, and he don’t even know whether he had any mother at
all!” And Johnny gave utterance to his feelings in something between
a howl and a groan. To his great consternation, Tiny burst into a
passion of crying, hugging him, and trying to talk as she sobbed.
When he at last made out what she was saying, it was something
like this,—
“I thought you were going to be mean and horrid—and you’re
such a dear boy—and I couldn’t bear to have you like that—and I
love you so—oh, Johnny!”
Johnny may live to be a very old man; I hope he will, for good
men are greatly needed, but no matter how long he lives, he will
never forget the feelings that surged through his heart when he
found how bitter it was to his little sister to be disappointed in him.
He hugged her with all his might, and in a very choked voice he told
her that he hoped she’d never have to be ashamed of him again—
that she shouldn’t if he could possibly help it.
And after the talk with his mother that night, he hunted up the
“silken sleeve,” which he had worn until it was threadbare, and then
put away so carefully that he had a hard time to find it. It was too
shabby to be put on his hat again, but somehow he liked it better
than a newer one, and he stuffed it into his jacket, when he dressed
the next morning, about where he supposed his heart to be. He
reached the schoolhouse a few minutes before the bell rang, and
found everybody but Ned Owen laughing and talking. He was sitting
at his desk with a book, on which his eyes were intently fixed, held
before him, but his cheeks were flushed, and his lips pressed tightly
together.
Johnny did not hear anything but a confusion of voices, but he
could easily guess what the talk had been about. He walked straight
to his desk, and, laying his hand with apparent carelessness on
Ned’s shoulder, he glanced down at the open history, saying, in his
friendliest manner, which was very friendly,—
“It’s pretty stiff to-day, isn’t it? I wish I could reel off the dates the
way you do, but every one I learn seems to drive out the one that
went in before it!”
The flush on Ned’s face deepened, and he looked up with an
expression of utter astonishment, which made Johnny tingle with
shame from the crown of his head to the soles of his feet. And
Johnny thought afterward how, if the case had been reversed, he
would have shaken off the tardy hand and given a rude answer to
the long-delayed civility.
Ned replied, very quietly,—
“It is a little hard to-day, but not half so hard as—some other
things!”
And just then the laughing and talking suddenly stopped, for Mr.
Lennox opened the door, but Johnny had already heard a subdued
whistle from one quarter and a mocking “Since when?” from
another, and, what, was worse, he was sure Ned had heard them
too.
To some boys it would have been nothing but a relief to find that,
as Tiny had suggested, Ned’s persecutors were very much like
sheep, and, with but few exceptions, followed Johnny’s lead before
long, and made themselves so friendly that only a very vindictive
person could have stood upon his dignity, and refused to respond.
Ned was not vindictive, but he was shy and reserved; he had been
hurt to the quick by the causeless cruelty of his schoolmates, and it
was many days before he was “hail fellow well met” with them,
although he tried hard not only to forgive, but to do what is much
more difficult—forget.
As for Johnny, when he saw how, after a trifling hesitation, a few
meaningless jeers and taunts, the tide turned, and Ned was taken
into favor, his heart was full of remorse. It seemed to him that he
had never before so clearly understood the meaning of the words,
“Inasmuch as ye did it not to the least of these My brethren, ye did
it not to Me.”
Some one has likened our life to a journey; we keep on, but we
can never go back, and, as “we shall pass this way but once,” shall
we not keep a bright lookout for the chances to help, to comfort, to
encourage? How many loads we might lighten, how many rough
places we might make smooth for tired feet! Not a day passes
without giving us opportunities. Think how beautiful life might be
made, and, then,—think what most of us make of it! Travellers will
wander fearlessly through dark and winding ways with a torch to
light their path, and a slender thread as a clue to lead them back to
sunlight and safety. The Light of the World waits to “lighten our
darkness, that we sleep not in death.” If we “hold fast that which is
good,” we have the clue.
 CHAPTER XI.
BATTLE AND VICTORY.

t’s a queer world, and no mistake.”

Jim looked unusually grave, as he gave
Johnny the benefit of these words of
wisdom. Johnny was on his way home from
school, and he had stopped to show Jim a
certain knife, about which they had
conversed a good deal, at various times. It
had four blades, one of them a file-blade; it
was strongly made, but pretty too, with a nice smooth white handle,
and a little nickel plate on one side, for the fortunate owner’s name.
They had first made its acquaintance from the outside of a shop-
window, where it lay in a tray with about a dozen others of various
kinds, all included in the wonderful statement,—
“Your choice for fifty cents!”
Johnny and Jim had both chosen
immediately, but as Johnny, who was
beginning to take an interest in politics,
remarked, it was one thing to nominate a
knife, and quite another to elect it! A slight
difficulty lay in the way of their walking
boldly into the store, and announcing their choice; neither of them
had, at that precise moment, floating capital to the amount of fifty
cents!
“And some fellow who has fifty cents will be sure to snap up such
a bargain before the day’s over,” said Johnny, mournfully. “What fun
it must be to be rich, Jim; just to walk into a store when you see
anything you like, and say, ‘I’ll take that,’ without even stopping to
ask how much it is.”
“Yes, it sounds as if it would be,” said Jim, “but though I can’t
exactly say that I’m intimate with many of ’em, it does seem to me,
looking at it from the outside, as it were, that they get less sugar for
a cent than some of us ’umble sons of poverty do!”
And Jim winked in a manner which Johnny admired all the more
because he was unable to imitate it.
“I don’t see how you can tell,” said Johnny, “and I think you must
be mistaken, Jim.”
“Well now, for instance,” replied Jim, who delighted in an
argument, “I’m taking what the newspaper-poetry-man would call an
ever-fresh delight in those three jolly warm nightshirts your mother
had made for me. I’d never have saved the money for ’em in the
world, if she hadn’t kept me up to it, and I feel as proud as Cuffee,
every time I put one on, to think I paid for every stitch of it—I can’t
help feeling sort of sorry that it wouldn’t be the correct thing to wear
them on the street. Now do you suppose your millionaire finds any
fun in buying nightshirts? I guess not! And that’s only one thing out
of dozens of the same sort. See?”
“Yes,” answered Johnny, thoughtfully, “I see what you mean; I
didn’t think of it in that way, before. But, all the same, I’d be willing
to try being a millionaire for a day or two. And I do wish the fellow
in there would kind of pile up the other knives over that white one
till I can raise money enough to buy it!”
It is needless to say that the shopkeeper did not act upon this
suggestion—perhaps because he did not hear it; and yet, by some
singular chance, day after day passed, and still the white-handled
knife remained unsold. And then Johnny’s uncle came to say
goodbye, before going on a long business journey, and just as he
was leaving, he put a bright half dollar in his nephew’s hand, saying,
—
 “I’ll not be here to help keep your birthday this year, my boy, so
will you buy an appropriate present for a young man of your age
and inches, and give it to yourself, with my love?”
Would he? Uncle Rob knew all about that knife, in less than five
minutes, and then, as soon as he was gone, Johnny begged hard to
be allowed to go out after dark, “just this once,” to secure the knife;
he felt so entirely sure that it would be gone the next morning!
But it was not. And its presence in his pocket, during school hours,
had a rather bad effect upon his pursuit of knowledge. On his way
home, as I have said, he stopped to show his newly-acquired
treasure to Jim, and he was a little disappointed that Jim did not
seem more sympathetic with his joy, but simply said, thoughtfully,—
“It’s a queer world, and no mistake!”
 THE NEW KNIFE.

“I don’t see anything so very queer about it, myself,” said Johnny,
contentedly, adding, with a little enjoyment of having the best of it,
for once, with Jim, “papa says, that if we think more than two
people are queer to us, we may be pretty sure that we are the queer
ones, and that the rest of the world is about as usual—at least,
that’s the sense of what he said; I don’t remember the words
exactly.”
“I wasn’t thinking of myself just then, for a wonder!” said Jim,
with the slightly mocking expression on his face which Johnny did
not like. “It’s a good enough world for me, but when I see a little
chap like Taffy getting all the kicks and none of the halfpence, I
don’t know exactly what to think. He’s taken a new turn, lately;
twisted up with pain, half the time, and as weak as a kitten, the
other half.”
“Where is he, anyhow?” asked Johnny.
“Well,” said Jim, turning suddenly red under his coat of tan, “I’ve
got him round at my place. The fact is, it was too unhandy for me to
go and look after him at that other place; it was noisy, too. He didn’t
like it.”
Several questions rose to Johnny’s lips, but he repressed them; he
had discovered that nothing so embarrassed Jim as being caught in
some good work. So he only asked,—
“But how did my new knife make you think of Taffy?”
“Oh, never mind!” and Jim began to walk away.
“But I do mind!” said Johnny, following him and catching his arm.
“And I do wish you wouldn’t think it is smart to be so dreadfully
mysterious. Come, out with it!”
“Very well, then,” said Jim, stopping suddenly, “if you don’t like it,
maybe you’ll know better another time. It made me think of him
because I have been meaning to buy him one of those knives as
soon as I could raise the cash, but I’ve had to spend all I could make
lately for other things. The little chap keeps grunting about a knife
he once found in the street, and lost again; and he seems to fancy
that when he’s doing something with his hands he don’t feel the pain
so much. He cuts out pictures with an old pair of scissors I
happened to have, whenever I can get him any papers, but he likes
best to whittle, and he broke the last blade of that old knife of mine
the other day; he’s been fretting about it ever since. I’m glad you’ve
got the knife, Johnny, since you’re so pleased about it, and wanted it
so, but I couldn’t help thinking—” and here Jim abruptly turned a
corner, and was gone before Johnny could stop him.
“I should just like to know what he told me all that yarn for!” said
Johnny to himself; a little crossly. “He surely doesn’t think I ought to
give my knife, my new knife, that uncle Rob gave me for a birthday
present, to that little Taffy? Why, I don’t even know him!”
And Johnny tried to banish such a ridiculous idea from his mind at
once. But somehow it would not be banished. The thought came
back to him again and again; how many things he had to make life
sweet and pleasant to him; how few the little lonely boy, shut up all
day in Jim’s dingy bed room, the window of which did not even look
on a street, but on a narrow back yard, where the sun never shone.
The more he thought of it, the more it appealed to his pity. And here
was a chance,—but no, surely people could not be expected to make
such sacrifices as that.
He managed to shake off the troublesome thought for a few
minutes, when he showed the knife to his mother and Tiny. They
both admired it to his heart’s content, and said what a bargain it
was, and what a wonder that nobody had bought it before, and
what a suitable thing for him to buy for Uncle Rob’s birthday present
to him. But, when he went up to his room, the question again forced
itself upon him, and would not be shaken off. Over and over again in
his mind, as they had done that other time, the words repeated
themselves,—
“And who is my neighbor?”
He did not see Jim again for several days, and this made him
unreasonably angry. It seemed to him that Jim had taken things for
granted altogether too easily. How did Jim know that he, Johnny,
was not waiting for a chance to send the knife to poor little Taffy?
 But was he? He really hardly knew himself until one day when, by
dint of hard running, he caught Jim, and asked him,—
“See here! How’s that little chap, and what’s gone with you
lately?”
“He’s worse,” said Jim, gruffly, “and I’m busy—that’s what’s gone
with me. I can’t stop, I’m in a hurry.”
“Oh, very well!” said Johnny, in an offended tone. “I thought we
were friends, Jim Brady, but I’ll not bother you any more. Goodbye.”
“Johnny,” said Jim, putting his hand on Johnny’s shoulder as he
spoke, “can’t you make any allowance for a fellow’s being in trouble?
I can’t stop now, I really and truly can’t, but I’ll be on the corner by
the library this afternoon, and if you choose to stop, I’ll talk all you
want me to.”
“All right, I’ll come,” said Johnny, his wounded self-love forgotten
at sight of Jim’s troubled face.
He hurried home, and, with the help of an old table knife, he
managed to work ten cents out of the jug that he had “set up” for a
Christmas present fund. With this he bought the largest picture
paper he could find for the money. Then he gathered together a
handful of pictures he had been saving for his scrap book, wrapped
the knife first in them, then in the large paper, and then tied the
whole up securely in a neat brown paper parcel.
When he saw Jim that afternoon he asked him as cautiously as he
could about Taffy’s needs, and at last he said,—
“Jim, why haven’t you told mamma about him, and let her help
you?”
“It seemed like begging. I didn’t like—” and Jim stopped, looking
very much embarrassed.
“Well, I mean to tell her as soon as I go home,” said Johnny,
resolutely, “for I know she’ll go and see him, and have something
done to make him better, and—Jim, I must go now, but will you
please give this to Taffy, with my love?”
And, putting the parcel in Jim’s hand, Johnny turned, and ran
home.
But was he really the same Johnny? Had wings grown on his feet?
Had his heart been suddenly changed into a feather? He whistled,
he sang, he stopped to turn somersets on the grass in the square.
No one but his Captain had known of the battle. None, but the Giver
of it, knew of the victory.
 CHAPTER XII.
FASTING.

ohnny had been talking to his mother, as he

often talked, about a Bible verse which he
did not fully understand—
“But thou, when thou fastest, anoint thine
head and wash thy face, that thou appear
not unto men to fast, but unto thy Father
which seeth in secret,”—and she had told
him that a sacrifice, to be real and whole-
hearted, must be made not only willingly, but cheerfully; “not
grudgingly, or of necessity, for God loveth a cheerful giver.”
“I don’t wonder at all at that, mamma,” Johnny had replied, “when
you think how hateful it is to have people do things for you as if they
didn’t wish to. I’d rather go without a thing, than take it when
people are that way.”
“Yes,” said Mrs. Leslie, “people do sometimes say ‘oh bother’ when
‘certainly’ would be more appropriate,”—Johnny laughed, but he
blushed a little, too—“and ‘directly,’ or ‘in a minute,’” continued his
mother, “when it would be more graceful, to say the least of it, to go
at once, without any words. We forget too often that ‘even Christ
pleased not Himself,’ and we fret over the disturbing of our own little
plans and arrangements, as if we were all Great Moguls.”
“You don’t, mammy,” and Johnny kissed his mother in the
particular spot, just under her chin, where he always kissed her
when he felt unusually affectionate.
“Oh, yes I do, dear, oftener than you know,” said Mrs. Leslie, “but
I am trying all the time, and when I am nearly sure that I am going
to be cross, I go away by myself, if I can, for a few minutes, where I
can fight it out without punishing any one else, and when I can’t do
that, I ask for strength just to keep perfectly still until pleasant
words will come.”
“You’ve been practising so long, mamma,” said Johnny, wistfully,
“that you’re just about perfect, I think; but I don’t believe I will be, if
I live to be as old as Methusaleh! I wish I had some sort of an
arrangement to clap on the outside of my mouth, that would hold it
shut for five minutes!”
“But don’t you see, dear,”—and Mrs. Leslie laughed a little at
Johnny’s idea—“that if you had time to remember to clap on your
‘arrangement,’ you would have time to stop yourself in another and
better way?”
“Yes, mamma, I suppose I should,” admitted Johnny, “but it
somehow seems as if the other way would be easier, especially if I
had the ‘arrangement’ somewhere where I could always see it.”
“But don’t you remember, dear,” said his mother, “that even after
Moses lifted up the brazen serpent, the poor Israelites were not
saved by it unless they looked up at it? That came into my mind the
other day when we were playing the new game—‘Hiding in plain
sight,’ you know. Every time we failed to find the thimble, it was in
such ‘plain sight’ that we laughed at ourselves for being so stupid,
and then I thought how exactly like that we are about ‘the ever-
present help.’ It is always ready for us, and then we go looking
everywhere else, and wonder that we fail! And I think you would
find it so with your ‘arrangement.’ You would see it and use it,
perhaps, for a day or two, and then you would grow used to it, and
it would be invisible to you half the time, at least.”
This game of “Hiding in plain sight” was one which Ned Owen had
recently taught them, and it was very popular both at school and in
the different homes. A thimble was the favorite thing to hide; all but
the hider either shut their eyes or went out of the room, while he
placed the thimble in some place where it could be very plainly seen
—if one only knew where to look for it! Sometimes it would be on a
little point of the gas fixture; sometimes on top of a picture-frame or
mantel-ornament, and then the hider generally had the pleasure of
seeing the seekers stare about the room with puzzled faces, and
finally give it up, when he would point it out triumphantly, and they
would all exclaim at their stupidity.
The rule was, that if any one found it, he
was merely to say so, and not to point it
out to the rest.
Johnny was very much impressed with
his mother’s comparison, and resolved, as
he said to himself, to “look sharper” for the
small chances of self-denial which come to
all of us, while large chances come but to
few, or only at long intervals. There was a poem of which Mrs. Leslie
was very fond, and which Tiny and Johnny had learned just to
please her, which had this verse in it:—

“I would not have the restless will

That hurries to and fro,
Seeking for some great thing to do,
Or secret thing to know.
I would be dealt with as a child,
And guided where to go.”

And another verse ended with,—

“More careful, than to serve Thee much,

To please Thee perfectly.”

Tiny and Johnny were given to “making believe” all sorts of

startling and thrilling adventures, in which they rescued people from
avalanches, and robbers, and railway-accidents; and, to do Tiny
justice, all this making believe did not in the least interfere with the
sweet obedience and thoughtfulness for the comfort of others which
marked her little life every day. She was much more practical than
Johnny was, and would never have thought of these wonderful
“pretends” by herself, but she was always ready to join him in
whatever he proposed, unless she knew it to be wrong, and he was
quite proud of the manner in which she had learned from him to
invent and suggest things in this endless game of “pretending.”
But while it did her no harm
at all, I am afraid it sometimes
made Johnny feel that the small,
everyday chances which came in
his way were not worth much,
and this was why his mother
had made her little suggestions about self-denial. So, though Johnny
still hoped that he could think of, or discover, some “great thing,” he
resolved to be very earnest, meanwhile, in looking out for the small
ones.
He had just begun to study Latin, and it was costing him many
groans, and a good deal of hard work. He did not exactly rebel
against it, for he knew how particularly his father wished him to be a
good Latin scholar, but he expressed to Tiny, freely and often, his
sincere wish that it had never been invented.
He went back to school immediately after dinner, one day, in order
to “go over” his lesson once more. He had studied it faithfully the
afternoon before, but one great trouble with it was that it did not
seem to “stay in his head” as his other lessons did when he learned
them in good earnest.
“It’s just like trying to hang your hat up on nothing, mamma,” he
said, mournfully, as he kissed his mother goodbye.
He had counted on having the schoolroom entirely to himself, so
he felt a little vexed when he saw one of the smaller boys already at
his desk in a distant corner, and his “Hello, Ted! What’s brought you
back so early?” was not so cordial as it was inquiring.
He realized this, and felt a little ashamed of himself when Ted
answered, meekly,—
“I didn’t think I’d be in anybody’s way, Johnny, and if I don’t know
my map questions this afternoon, I’ve got to go down to the lower
class!”
The little boy’s face looked very doleful as he said this; it would
not be pleasant to have his stupidity proclaimed, as it were, in this
public manner. Not that his teacher was doing it with any such
motive as this. Teddy had missed that particular lesson so frequently,
of late, that Mr. Lennox was nearly sure it was too hard for him, and
that it would be only right, for Teddy’s own sake, to put him in a
lower class; and this was why, if to-day’s lesson, which was
unusually easy, proved too hard for him, the change was to be
made.
“You’re not in my way a bit, Ted,” said Johnny, heartily, “and this
bothering old Latin is as hard for me as your map questions are for
you, so we’ll be miserable together—‘misery loves company’ you
know.”
With that Johnny sat down and opened his book, but his mind,
instead of settling on the lesson, busied itself with the unhappy little
face in the corner.
“But if I go over there and help him,” said Johnny, to himself,
almost speaking aloud in his earnestness, “I’ll miss my own lesson,
sure!”
“And suppose you do,” said the other Johnny, “you will only get a
bad mark in a good cause, but if Teddy misses his, he will be
humiliated before the whole school.”
“But papa doesn’t like me to have bad marks.”
“Don’t be a mean little hypocrite, Johnny Leslie! If your father
knew all about it, which would he mind most, a bad mark in your
report, or a worse one in your heart? And besides, you’ve twenty-
five minutes, clear. You can do both, if you’ll not be lazy.”
That settled it—that, and a sort of fancy that he heard his mother
saying,—
“Even Christ pleased not Himself.”
He sprang up so suddenly that Teddy fairly “jumped,” and went
straight over to the corner, saying, as he resolutely sat down,—
“Here, show me what’s bothering you, young man, and perhaps I
can help you. Don’t stop to palaver—there’s no time!”
But Teddy really couldn’t help saying,—
“Oh, thank you, Johnny!” and then he went at once to business.
“It’s all the capitals,” he said, “I can learn them fast enough, when
I’ve found them, but it does seem to me that the folks who make
maps hide the capitals and rivers and mountains, on purpose. Now,
of course Maine has a capital, I s’pose, but can you see it? I can’t, a
bit.”
“Why, here it is, as plain as the nose on your face,” said Johnny,
and put his finger on it without loss of time.
Teddy screwed up his eyes and forehead as he looked at the map,
saying finally,—
“So it is! I saw that, but it looked like ‘Atlanta,’ and I didn’t see the
star at all.”
This was repeated with almost every one; Teddy was unusually
quick at committing to memory, but he made what at first seemed to
Johnny the most stupid blunders in seeing. However, the lesson was
learned, or rather, Teddy was in a fair way to have it learned, and
Johnny was back at his Latin, fifteen minutes before the bell rang.
And, to his astonishment, the Latin no longer refused to be
conquered. He had done good work at it, the day before, better
work than he knew, and now, feeling how little time he had left, he
studied with unusual spirit and resolution. When the bell rang, he
was quite ready for it, and his recitation that afternoon was entirely
perfect, for the first time since he began that terrible study. He did
not know how much more he had gained in the conquest of his
selfishness; but all large victories are built upon many small ones,
and the same is, if possible, even truer of all large defeats. Habit is
powerful, to help or to hinder.
And a most unexpected good to little Ted grew out of that day’s
experience; one of the things which prove, if it needs proving, that
we never can tell where the result of our smallest words and deeds
will stop. One of Johnny’s young cousins had recently been suffering
much from head-ache, which was at last found to be caused wholly
by a defect in her eyes. They saw unequally, and a pair of spectacles
remedied the defect and stopped the head-ache, beside affording
much enjoyment for the cousinhood over her venerable appearance.
Johnny was puzzling over Teddy’s apparent stupidity in one way, and
evident brightness in another, when he suddenly remembered his
cousin Nanny, and clapped his hands, saying to himself as he did so,
—
“That’s it, I do believe! He can’t see straight!”
Johnny lost no time in suggesting this to Teddy, who, in his turn,
spoke of it to his mother. She had already begun to notice the
strained look about his eyes, and she took him at once to an oculist.
The result was, that he shortly afterward appeared in a pair of
spectacles, and told Johnny with some little pride,—
“The eye doctor says that, as far as
seeing goes, one of my eyes might about as
well have been in the back of my head; and
it seems queer, but everything looks
different—I didn’t know so many things
were straight! And you won’t catch me missing my map questions
any more! Why, the places seem fairly to jump at me, now. And—
and—I do hope I can do something for you before long, Johnny, for
it’s all your doing, you know. If you hadn’t helped me that day,
there’s no telling when I’d have found it out.”
 “Don’t you worry about doing something for me, Ted,” said
Johnny, kindly. “You’ve done enough, just putting on those
spectacles. You look exactly like your grandfather seen through the
wrong end of a spyglass!”
 CHAPTER XIII.
A CHANCE FOR A KNIGHTLY DEED.

fter that first perfect Latin lesson, Johnny’s

road to success seemed in a measure
broken, and though he by no means
achieved perfection every time, his failures
were less total and humiliating, day by day,
and, to use his own beautiful simile about
the hat, he began to find “pegs” in his head
whereon he could hang his daily stint of
Latin. But it was still hard work; there was
no denying that; and if his affection for his father had not been very
strong and true, the task would have been still more difficult. But
somehow, whenever Mr. Leslie came home looking more tired than
usual, or turned into a joke one of the many little acts of self-denial
and unselfish courtesy which helped to make his home so bright, it
seemed to Johnny that it would be mean indeed to grumble over
this one thing, which he was doing to please his father.
He had been much impressed
by the manner in which he had
learned that first perfect lesson,
for, on the previous Sunday,
when he had recited the verses
which told how the five barley loaves and two small fishes had fed
the hungry multitude in the wilderness, he had thought, and said,
that it must have been easier for those people who saw the Master
perform such miracles, to follow him, than it was now for those who
must “walk by faith” entirely, with no gracious face and voice to
draw them on.
 His mother did not contradict him, just then; she rarely did, when
he said anything like that; she preferred to wait, and let him find out
for himself, with more or less help from her. So she only answered,
this time,—
“Was the thimble really hidden last night, Johnny? You know I was
called away before anybody found it, and you were all declaring that
this time, you were sure, it couldn’t be ‘in plain sight.’”
Johnny laughed, but he looked a little foolish, too, as he
answered,—
“Why no, mamma—it was perched on the damper of the stove. I
declare, that game puzzles me more and more every time we play it;
I might as well be an idiot and be done with it! But what made you
think of that just now, mamma dear?”
“I suppose it came into my mind because I want you to look a
little harder before you let yourself be quite certain about the
miracles,” replied his mother, “and I will give you a sort of clue. You
know papa’s business is a very absorbing one, and you often hear
people wondering how he finds time for all the other things he does,
but I never wonder; it seems to me that he gives all his time to the
Master, and that he is so free from worrying care—so sure he will
have time enough for all that is really needful, that he loses none in
fretting or hesitating; he just goes right on. There is a dear old
saying of the Friends that I always like—‘Proceed as the way opens.’
Now if you will think about it, and about how uses for money, and
for all our gifts and talents, come in some way to all who are in
earnest about using them rightly, perhaps you will see what I mean.
‘A heart at leisure from itself’ can do a truly wonderful amount of
work for other people.”
A dim idea of his mother’s meaning had come into Johnny’s mind,
even then, and suddenly, after he had done work which he had
thought would fill half an hour, in fifteen minutes, a flash of light
followed, and he “saw plainly.”
 I cannot tell you of all the small chances which came to him daily,
but many of them you can guess by looking for your own. He tried
hard to remember what his mother had said about willing service
and cheerful giving. “Oh bother!” was not heard very often, now,
and when it was, it was generally followed speedily by some “little
deed of kindness” which showed that it had been repented of.
He was rushing home from school one day in one of his
“cyclones,” as Tiny called the wild charges which he made upon the
house when he was really in a hurry. It was a half-holiday, and most
of the boys had agreed to go skating together, just as soon as some
ten or fifteen mothers could be brought within shouting distance.
The ice was lasting unusually late, and the weather was delightfully
clear and cold, but everybody knew that a thaw must come before
long, in the nature of things, and everybody who skated felt that it
really was a sort of duty to make the most of the doomed ice, while
it lasted.
Johnny was like the Irishman’s gun in one respect—he could
“shoot round a corner;” but he did not always succeed in hitting
anything, as he did to-day. The anything, this time, happened to be
Jim Brady, and as Jim was going very nearly as fast as Johnny was,
neither had breath enough left, after the collision, to say anything
for at least a minute. Then Jim managed to inquire, between his
gasps,—
“Any lives lost on your side, Johnny?”
“No, I b’lieve not,” said Johnny, rather feebly, and then they both
leaned against the fence, and laughed.
“I was coming after you, Johnny,” began Jim, and then he stopped
to breathe again.
“Well, you found me!” said Johnny, who, being smaller and lighter
than Jim, was first to recover from the shock, “but tell me what it is,
please, quick, for I’m in a hurry!”
And almost without knowing that he did so, he squared his elbows
to run on again. Jim saw the motion, and his face clouded over.
 “I can’t tell you everything I had to say in half a second, so I’ll not
bother you; maybe, I can find somebody else,” and Jim began to
walk off.
Johnny sprang after him, caught his arm, and gave him a little
shake, saying as he did so,—
“See here, Jim Brady, if you don’t stop putting on airs at me like
this, I’ll—I’ll—” and he stopped for want of a threat dire enough for
the occasion.
“I would,” said Jim, dryly, “but if I were you, I’d find out first what
airs was—were—and who was putting ’em on. I see you’re in a
hurry, and I’m sorry I stopped you. Let go of my arm, will you?”
“No, I won’t!” said Johnny, “so there now! And if you won’t be
decent, and turn ’round, and walk towards home with me, why, I’ll
walk along with you till you tell me what you were going to say. I
never did see such a—” and again Johnny stopped for want of a
word that suited him.
Jim made no answer, and his face remained sullen, but he turned
at once, and the two walked on arm in arm, toward Johnny’s home.
“Well,” said Johnny, presently, “we’re ’most there. Are you going to
say anything?”
“I wouldn’t, if it was for myself—not if you hung on to me for a
week!” and Jim’s face worked; Johnny even thought his voice
trembled a little.
“Taffy’s sick,” continued Jim, “and I can’t find out what ails him.
He says he don’t hurt anywhere, but he won’t eat, and as far as I
can make out he don’t sleep much, and he feels as if he was red
hot. And all he cares for is when I am with him evenings, and read
to him. That old Turkess where I have the room sort of looks after
him; she knows I’ll look after her if she doesn’t! But it must be
lonesome for the little chap all day, and yet I daresn’t lose any more
time with him than I do now, or I wouldn’t have the money—I mean
—oh, I can’t leave my business for anybody! And I thought, maybe,
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