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Full Download Business Law Texts and Cases 14th Edition Clarkson Solutions Manual
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CHAPTER 2
2A. If you had to decide whether to allow a U.S. magistrate judge to hear your case,
what information might you ask your attorney to provide concerning that individual?
Applicants for the position of magistrate judge include attorneys, administrative law judges, state
court judges, and others. Important information concerning a judge who hears a specific case
might consist of the individual’s background, including any area of expertise, and the details of
his or her previous decisions—the facts, issues, outcomes, and reasoning—and how those fac-
tors might bear on the case at bar.
1
© 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website,
in whole or in part.
ANSWERS TO QUESTIONS
AT THE ENDS OF THE CASES
2A. How does the presence—or lack—of diversity of citizenship affect a lawsuit? A fed-
eral district court can exercise original jurisdiction over a case involving diversity of citizenship.
There is a second requirement to exercise diversity jurisdiction—the dollar amount in contro-
versy must be more than $75,000. In a case based on diversity, a federal court will apply the
relevant state law, which is often the law of the state in which the court sits.
3A. What did the court conclude with respect to the parties’ “diversity of citizenship”
in this case? In the Mala case, the court concluded that the parties did not have diversity of
citizenship. A plaintiff who seeks to bring a suit in a federal district court based on diversity of
citizenship has the burden to prove that diversity exists. Mala—the plaintiff in this case—was a
citizen of the Virgin Islands. He alleged that Crown Bay admitted to being a citizen of Florida,
which would have given the parties diversity. Crown Bay denied the allegation and asserted that
it also was a citizen of the Virgin Islands. Mala offered only his allegation and did not provide
any evidence that Crown Bay was anything other than a citizen of the Virgin Islands. There was
thus no basis for the court to be “left with the definite and firm conviction that Crown Bay was in
fact a citizen of Florida.”
© 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website,
in whole or in part.
CHAPTER 2: COURTS AND ALTERNATIVE DISPUTE RESOLUTION 3
LEGAL ENVIRONMENT
Is it relevant to the analysis of jurisdiction that Gucci America’s principal place of busi-
ness is in New York state rather than California? Explain. The fact that Gucci’s headquar-
ters is in New York state was not relevant to the court’s analysis here because Gucci was the
plaintiff. Courts look only at the defendant’s location or contacts with the forum in determining
whether to exercise personal jurisdiction. The plaintiff’s location is irrelevant to this
determination.
GLOBAL
In some cases, a court may be asked to determine and interpret the law of a foreign
country. Some stats consider the issue of what the law of a foreign country requires to
be a question of fact. Federal rules of procedure provide that this issue is a question of
law. Which position seems more appropriate? Why? Proof of what a foreign law states,
and possibly its translation, may be appropriate for a jury to decide, based on a submission of
such evidence as a foreign publication of statutes or case law, or the testimony of an expert wit-
ness. But the interpretation and application of the law would seem to be most appropriately
within the province of a judge.
Under the federal rules of procedure, in a particular case, once the existence and
phrasing of a foreign law has been proved, the court has the duty of construing it. The court's
construction of the foreign law can be guided by the reasoning underlying similar rules of U.S.
common law. Expert witnesses may be consulted, but their opinions are not binding
© 2018 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website,
in whole or in part.
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“Put the can back and don’t let on we know about it,” said Sam. And
this was done, and they escaped from the stateroom just in the nick
of time. Then they returned to their own quarters and all four of the
boys set to work to clean out the bepitched shoes.
“We must get square for this,” said Frank. “To let it pass unnoticed
would be criminal.”
“Right you are,” responded Darry. “And as he did his best to place
the blame on me I claim the honor for hatching out the plot to even
up.”
“But we are going to help,” put in Sam; and so it was agreed.
CHAPTER XVIII
HAYTI, SUGAR MAKING, AND ANOTHER JOKE
The weather remained all that could be desired, and the run to Cape
Haytien was made without special incident. Darry did his best to
hatch out something against Hockley but no opportunity occurred for
“squaring up” as the boys called it. Perhaps Professor Strong
suspected that something was afloat, for he kept a close watch on all
his charges.
He no longer suspected Darry of being the author of the pitch joke,
for Mark and Frank had told him that Darry had said he was
innocent, and he had always found the fun-loving lad truthful. The
boys had said nothing of finding the can in Hockley’s stateroom,—
that was their own secret.
The harbor of Cape Haytien is rather a difficult one to enter, on
account of the many reefs and shoals in that vicinity, but the bay
upon which the town is located is a fine one, being encircled by
many hills, covered with forests of various hues.
“This isn’t so bad,” observed Mark, on landing. “It’s a good deal
cleaner than I thought.”
“Cape Haytien has quite a commerce with the United States,” said
Professor Strong. “Sugar and molasses are staples here. If you wish
we can visit a sugar works and see how the toothsome article and
molasses are made.”
“I don’t like molasses,” said Hockley. “It’s too common. I always take
honey on my buckwheat cakes,” and then everybody laughed.
“There are a good many ruins here,” went on Professor Strong.
“They are due to the bombardment which the town sustained at the
hands of the British, in 1865, and to other outbreaks, and
earthquakes. The inhabitants number about twenty-five thousand.
There is a cathedral here, and also several public buildings, which
are worth visiting.”
Having but a single day ashore, they hired a carriage and took a long
drive around, passing several large and well-kept squares, and also
the soldiers’ barracks, the post-office, and other points of interest.
Then they drove out to a plantation noted for its fine grade of sugar
and molasses.
“As all of you know,” said Professor Strong, while waiting for an
attendant to take them around, “Sugar in the West Indies is made
almost wholly from the sugar cane, which is cut down when it is ripe
and hauled to the mills. The mills are of all sorts, from the most
primitive of old Spanish days to the up-to-date American mill which
costs many thousands of dollars to erect.
“The process of manufacturing sugar and refining it is a complicated
one as carried on to-day, yet the principle of making sugar is very
simple. The cane is fed between large iron or steel rollers, weighing
ten or twelve tons. The rollers run very slowly and every bit of the
juice of the cane is squeezed out of it. This juice is then brought
gradually to a boil and all the foreign matter is either skimmed off or
the clear fluid is drawn away from underneath. Then what is left is
boiled again until the sugar begins to separate from the molasses.
The last boiling is a very delicate process and only workers of long
experience can make really good sugar. From being a thin kind of
syrup the sugar gradually becomes like porridge and thicker, and it is
then run off into forms, containing one or two hundred pounds. From
these forms runs the syrup not yet crystalized, and this is either
boiled up once more or rejected and barreled as molasses.”
“Then molasses is really sugar that won’t get hard,” said Frank.
“That is about it, Frank, although there are different kinds of
molasses. Cheap molasses has less of the sugary element left in it
than that of a high grade. The very best of molasses is not called
molasses at all but treacle. This is made, not during ordinary sugar
making, but while the sugar is being refined or manufactured into
fancy forms. Treacle is much used in England.”
They were soon shown through the sugar mill, and watched with
interest the huge rollers squeezing out the juice of the cane, which
looked dark and dirty. At one place they saw bullock’s blood poured
in to help cleanse it of impurities, and they saw long rows of pots
with the sugar being passed from one to another in the clarifying
process, and also saw a huge vacuum pan, where the sugar could
be brought to a boil at a low degree of heat.
“Too much heat spoil de sugar,” explained the attendant. “Sugar best
like dis,” and he put his hand into the syrup and withdrew it and then
spread out two fingers, showing the gummy liquid expanded like thin
rubber. Then he led them to where sugar was being made into fancy
squares and other forms.
“A good part of the sugar is sent to our country in its raw state,” said
the professor, as they were coming away from the mill. “It is refined
at large refineries, where the proprietors make a specialty of catering
to our own peculiar tastes. Some time ago I saw a statement printed
that Americans use more sugar per capita than any other nation, and
I believe it is true.”
“Sure,” said Darry. “And you know why? Because the girls eat so
many caramels and so much fudge.”
“And because some boys like their coffee and tea doubly sweet,”
returned the professor, dryly, and then a laugh went up, for all knew
this was one of Darry’s weaknesses.
They had put in what Mark called “a big day,” and all were glad
enough to go back to the steamer by nightfall. In the evening Cape
Haytien is a dull place, poorly lighted, and with only a few
amusements, and those usually of the commoner sort. But before
coming away they listened to a number of natives who played guitars
and sang, and the music was exceedingly sweet.
The following day found the Clarissa leaving the harbor and turning
eastward for Porto Rico. So far the weather had been fine, but now
the sky began to cloud over, showing that a tropical storm was
approaching.
“I hope we don’t catch much of it,” said Frank to Darry. “I’ve had
enough of that sort of thing.”
“I should like to see a little storm, and that at night,” answered Darry.
“A little storm at night? What for?”
“So I can pay Hockley for the trick he played us.”
“But I don’t understand, Darry.”
“You will understand, if the storm comes,” answered the light-hearted
lad, but would say no more.
A little later Frank met Sam and Mark and told them of what Darry
had said.
“He’s got something up his sleeve,” said Mark. “Well, we promised to
let him have his inning first, so let him do as he pleases.”
By nightfall the storm was close at hand and the rain kept them in
the cabin. There was considerable wind, but the officers of the ship
assured the passengers that there was no danger.
Hockley read for an hour and then declared his intention of going to
bed. He had hardly disappeared when Darry followed, but first told
his chums to watch for fun.
It was raining hard when Hockley turned in. Truth to tell the rolling
and pitching of the ship had made him somewhat sick and he had
retired partly to avoid the others, for he knew they might laugh at
him. But he was a good sleeper and soon he was slumbering
soundly.
In the meantime Darry was not idle. From a stateroom he obtained a
large basin of water. Then he hunted up a couple of cheap glass
tumblers and placed them in the foot of an old sock. Thus armed he
crept to Hockley’s door. It was unfastened, and the snoring of the
lank youth told him that the time was ripe for what he intended to do.
Bang! the door flew open with a crash, arousing Hockley on the
instant. As he sat up in the berth a dash of water landed on his head
and ran down his spinal column. Then came a crash of glass that
made him jump.
“All hands on deck!” he heard a hoarse voice cry. “The ship is
sinking!” And then came another crash of glass and more water hit
him in the face.
Confused, and almost scared out of his wits, the bully gave one
bound that took him half way across the stateroom floor. He caught
up his trousers and slipped them on. “We are going down!” he
groaned. “Oh, why did I ever leave land!” And then, as the steamer
gave a lurch, he caught up the rest of his clothing and made for the
corridor, down which he bolted like lightning and up the stairs leading
to the main deck. Reaching this he glared around, blinking in the
light.
“What—who—what shall we do?” he demanded of the first
passenger he met, a rather fussy old gentleman who did not like
boys.
“Do?” demanded the old gentleman. He adjusted his eyeglasses and
stared at Hockley. “Why, young man, what is the matter with you?
Have you gone crazy?”
“Ain’t the ship sinking?” gasped Hockley.
“Not that I am aware of.”
“But—er—” The youth gazed around him in amazement. Nobody
appeared to be excited, and some folks were even at the piano,
playing and singing. Then he caught sight of Darry and the other
boys, who were behind a nearby column and laughing heartily.
“Hi! what are you laughing at?” he roared, rushing toward the crowd.
“I want to know——”
“Glummy must have been dreaming the ship was going to sink,”
came from Mark.
“And he wasn’t going to leave his shoes behind either,” put in Frank,
pointing to the pair the bully carried in his hand.
“Nor his collar and tie,” added Sam. “Nothing like being dressed up,
even if you’re swimming for your life.”
“I won’t stand this—I’ll fix all of you, see if I don’t!” howled Hockley,
shaking his fists at them and dropping half of his wearing apparel in
his excitement. “I’ll—I’ll——” And then he suddenly thought of the
figure he cut, and the crowd that was beginning to gather, and ran for
his stateroom with as much speed as he had used in leaving it.
He was in too much of a rage to retire again, and as soon as he had
dressed he came out to hunt up the boys. They were waiting for him,
fearful that he would inform Professor Strong of the affair.
Fortunately the professor had been in the smoking room at the time
and he as yet knew nothing of what had occurred.
“See here,” began Hockley. “I want to know who played that trick on
me.”
“I don’t think you’ll find out,” answered Mark.
“I’m going to tell the professor. My berth is soaked with water and I
came pretty close to cutting my foot on a piece of glass on the floor.”
“Didn’t step into any pitch, did you?” asked Sam, dryly.
“I say I am going to tell the professor,” went on Hockley, working
himself up into a magnificent rage.
“I don’t think you will tell him,” answered Darry, steadily. “You thought
it a fine thing to put off that pitch joke on my shoulders, didn’t you?
Now I guess I’ve paid you back, so we are quits.”
“So you did it?” howled Hockley. “I’m going to Professor Strong this
minute and show him the berth——”
“If you do I’ll show him something else.”
“What?”
“The can you had full of pitch. We found it, and all can testify it was
under your berth. Maybe the professor won’t be angry at your
duplicity in that affair, Glummy. The best thing you can do is to drop
the matter and call it square.”
At these words Hockley’s face grew dark and full of resentment.
“I’ll never drop it, never!” he exclaimed, vehemently. “You are all
against me! But I shan’t stand it. Just wait until we are on shore and
I’ll show you what I can do!”
And with this he turned off on his heel and left them.
CHAPTER XIX
A TALK ABOUT PORTO RICO
Three days passed swiftly by. There was much to be seen in San
Juan, and the boys were out most of the time, only resting during the
middle of the day, when the heat was too much for them.
During these days they visited various public buildings and also the
main college and two of the principal churches. They learned that the
city had seven parks, and in one, the Plazuela de Santiago, they saw
a life-like statue of Columbus. They also visited the governor’s
palace, built by Ponce de Leon, and the Santa Catalina fortifications.
But what interested them more than anything was the small, huddled
up native shops, with their quaint keepers and their grand mixture of
merchandise, and the still more strange markets, with many
vegetables and fruits new to them. To these shops came the native
ladies, but they never dismounted from their carriages but made the
shop-keepers bring out everything to them.
“They try to live as lazy and easy a life as they can,” was Mark’s
comment. “How American energy must open their eyes.”
“The professor told me that San Juan used to be an awfully dirty
town,” said Sam. “But as soon as our soldiers took hold they made
the citizens clean up, and the place has been kept clean ever since.
That helps to lessen disease and is certainly a blessing.”
During the stay in San Juan all the boys received letters from home,
and one which Hockley got contained a money order which pleased
him greatly. He had written that he must have money, that Professor
Strong would allow him next to nothing, and his over-indulgent father
had relented and sent him two hundred dollars.
“Now I’ll have some good times,” the bully told himself. “And the rest
of the fellows can go to grass.”
The letters received by Mark and Frank contained news of unusual
interest to them. It was to the effect that Mr. Newton and Mr.
Robertson had started for the West Indies on a trip combining
business with pleasure. They intended to stop off at Kingston,
Jamaica, and were then going to St. Pierre, Martinique, and to
Kingstown, on the island of St. Vincent. The business was one
connected with the importation of certain dyes and coloring matters
which the dry goods importer was anxious to obtain.
“I wish we could meet them down here!” cried Frank, enthusiastically,
when telling the others the news.
“Perhaps we’ll meet them at St. Pierre,” said the professor. “I had
planned to take you down there after our trip overland to Ponce. You
wanted to see an extinct volcano and there is a large one there
called Mont Pelee, only a few miles from the city.”
“Just the thing!” burst out Mark. “Let us write letters at once and send
them to St. Pierre, so our fathers will be sure to get them on their
arrival.” And the letters were sent without delay.
Two days later found them on the ancient military road which runs
from San Juan to Ponce. The direct distance from the principal
seaport on the north to the capital city on the south is only forty-five
miles, but the road is a winding one, running from village to village
and town to town, and by this the journey becomes almost twice as
long. At many points the way is exceedingly hilly, so that fast
traveling, especially in the hot sun, is out of the question.
“We will take our time and make a week’s journey of it,” said the
professor. “That will give us time to stop off at the various points of
interest. We shall go through the towns of Rio Piedras, Guaynabo,
Aguas Buenas, Caguas, Cayey, Aibonito, Coamo, Juan Diaz, and
others, and we may as well take in all there is to see while we are at
it.”
“I’d rather get down to Ponce and put in some time there,” grumbled
Hockley. “I understand there is lots to see there.” He was anxious to
have a “good time” on the money he had received.
“We will have plenty of time at Ponce to see all there is worth looking
up,” answered Professor Strong.
The boys had begged to be allowed to make the journey on
horseback, and the professor had consented, and obtained the
necessary steeds from the best livery stable in San Juan. Darry
wanted a lively animal but Amos Strong shook his head.
“You’ve had runaways enough,” he said. “We want to make this
journey without accident.”
The day was a perfect one and they found the first stage of the
journey truly delightful. They passed through a rolling country and
not far away were the mountains, with ridges sharply outlined
against the sky. Some of the boys wanted to gallop ahead of the
others but Amos Strong held them in check.
“We must keep together,” he said. “I don’t want any of you to get on
the wrong road.”
In a couple of hours they passed through the town of Rio Piedras,
taking a look at the various public buildings and at a large sugar mill
which was in the course of construction. It was midday and the place
looked deserted.
“Shall we remain here or push on to the next place?” asked the
professor.
“Let’s push on,” said Mark, and soon they were on the way to
Guaynabo, where they stopped for dinner at a native house which
was far from large and not over clean. Yet a good meal was
prepared for them, and this they ate eagerly, for the ride had given
them an appetite.
Nightfall found them in the vicinity of Aguas Buenas. They had
stopped a dozen times on the road, to look at the plantations, and
once to assist a native whose ox cart had broken down. It had begun
to cloud up and now a few drops of rain came down.
“We are in for a storm,” said Frank. “I reckon we had best look for
some sort of shelter.”
“Why not push on to the next town?” questioned Sam.
“We can try it,” answered Professor Strong. “But there is no use of
our getting soaked.”
Tropical storms are apt to come up in a hurry, and inside of a quarter
of an hour it was raining in torrents. They had crossed the bridge of a
small stream and now they found shelter under the shed of a long
warehouse which was old and empty.
“This is certainly a downpour,” remarked Professor Strong, when
they were out of it. “See how the water is rushing along the
roadway.”
He was right, the rain was coming down as if there had been a
cloudburst. There was a little lightning and thunder, but not enough
to cause alarm. But the heavy fall of water made the very roof of the
old warehouse sag.
“I never saw the water come down like this before,” observed the
professor, as the downfall continued. “It will certainly wash things out
in the valley.”
For over an hour the heavy fall of rain continued. It was coming
through the roof of the warehouse and they had trouble in keeping
even comparatively dry. But now the thunder was rolling up to the
northward, and it slacked a trifle.
“Hark!” cried Sam, presently.
“What did you hear?” came from several of the others.
“Thought I heard somebody calling for help. Listen!”
They listened, and the cry was repeated. It came from down a side
trail which joined the highway just in front of the old warehouse.
“Somebody is in trouble down there!” ejaculated Mark. “Let us go
and investigate.”
Without waiting to obtain permission from the professor, he started
down the side trail, with the others following. The trail led downward
into something of a bottom, full of loose rocks, with here and there a
patch of mud.
“I see her!” cried Mark, presently, as he turned a corner of the trail
and came in sight of a wide and shallow stream, backed up by a
rocky hill and a tangle of forest growth. “It’s a woman on a hut, and
she is in danger of drowning!”
Mark was right. In the middle of the wide stream was a native hut
which had been washed away from somewhere and become lodged
in between the rocks. On the frail building, which looked as if it might
go to pieces at any instant, sat an old colored woman, shrieking for
help at the top of her voice. The old woman had with her two
children, a white girl and a white boy of perhaps five or six years of
age, and to these she was clinging desperately.
“Save us! save us!” cried the colored woman, in Spanish.
“We’ll do what we can,” called back the professor. “Hold tight till we
can get to you.”
“How are you going to get to her?” demanded Hockley. “That water
is running like mad.”
“I think we can leap from rock to rock,” suggested Sam.
“Let’s take hold of hands,” came from Frank.
“One of you run back for that rope which we saw at the warehouse,”
said the professor, and Hockley did so, for the lank youth had no
desire to risk his life in that foaming and dashing torrent.
It was no easy matter to leap from one rock to the next, and
Professor Strong and the boys advanced with caution. The rain still
came down, keeping the footholds wet and blinding their eyesight.
Once Mark slipped and went into the stream, but fortunately it was in
a shallow where the water only reached to his knees.
At last the hut was gained and with trembling hands the old colored
woman handed down first the girl and then the boy. By this time
Hockley had returned with the rope, and this was passed out and a
line was formed.
“See the children safe first, do not mind me,” said the old colored
woman, and this was done, and Mark took one while Sam took the
other. Then Frank and Professor Strong brought in the old colored
dame, who was so excited and exhausted that she could scarcely
stand. Once on the bank of the stream the whole party made for the
shelter of the warehouse.
It was a long while before the colored woman recovered sufficiently
to speak. Then she said that she was a nurse, and that she worked
for a certain Señor Alcamba, of Ponce. The two children were the
señor’s, his only beloved ones, since his wife had died. The nurse
had been traveling from one village to another with them, when the
storm had overtaken her and she had resolved to remain for some
hours at the home of a friend. But she had lost her way in the rain
and sought shelter in the hut near the bank of the stream. Without
warning the rain had washed the hut into the water and she had had
a desperate struggle to save the boy and the girl from drowning. She
had been almost ready to give up in despair when the good
Americanos had appeared. She was very, very grateful and kissed
their hands, while tears of gratitude streamed down her fat cheeks.
As it promised to keep on raining for at least several hours it was
decided that they should move on to Aguas Buenas. The colored
woman said she could ride a horse and she was given Sam’s steed.
She carried the little girl, while the professor took the boy. Sam
hopped up behind Frank, and thus the entire party reached the town
mentioned a little over an hour later. Accommodations were found at
a hotel which had just been established by a Porto Rican and an
American, and Professor Strong saw to it that the colored woman
and her charges were looked after with care. The colored woman
sent out a messenger to look up some of her friends and by nightfall
a man came with a carriage and made arrangements for taking her
and the children away early in the morning.
“I shall not forget you,” said the woman to Professor Strong. “Señor
Alcamba shall know of your bravery and kindness, and he will surely
reward you.”
“We want no reward,” was the professor’s answer. “We are glad to
know that we were able to assist you.”
CHAPTER XXI
ACROSS PORTO RICO ON HORSEBACK
By the time the boys were stirring the next morning the colored
woman and the boy and girl were gone. The storm had cleared away
and the sun was shining brightly. But out in the roadway and in the
garden attached to the hotel the traces of the heavy downfall of rain
were still in evidence.
“I see some beautiful flowers around here,” said Mark, taking a walk
with the professor before sitting down to breakfast. “But a great
number are strange to me, and so are many of the vegetables and
fruits they use.”
“The vegetables mostly in use throughout the island are white and
sweet potatoes, carrots, turnips, beets, radishes, cabbage, yams,
yautias, cassava, or tapioca, and okra root,” answered Professor
Strong. “There are many kinds of beans and peas and also a great
variety of squashes and pumpkins. Of fruits the banana is, of course,
the leader, but Porto Rico pineapples are delicious and so are the
oranges and the cantelopes. Limes are much in use for lime water.
Lemons are raised for export. There are also a vast number of
shrubs and trees which furnish medical extracts, and numerous
dyewoods are found here, including fustic, which gives a yellow dye,
divi-divi, which gives a reddish-brown dye, mora, which gives bluing,
and annotto, which grows in great profusion and furnishes the
peculiar golden yellow often used in coloring butter and cheese.”
“Gracious, I didn’t know they used coloring here,” cried Mark.
“They use some, but I am sorry to say the most of the butter coloring
goes to the United States. There are also trees here which produce
a variety of gums and resins, some of them very much in demand,
and which, consequently, bring fancy prices.”
“It’s certainly a land of plenty,” said Frank, who had come up while
the professor was speaking. “The Porto Ricans ought to be happy.”
“They will be as soon as they have gotten used to the new order of
things, Frank. But I doubt if they will ever get used to what we call
hustling. They are used to taking their own time about everything,
and the climate is against the strenuous life.”
The town of Aguas Buenas is perched high up on the side of a
mountain, with a broad valley lying below,—where the flood had
occurred. The place is of small importance and contains little but
thatched huts, with here and there a building of prominence. There is
an old church, and a hotel or two is springing up, ready to
accommodate the American tourist when he comes, and he surely
will come when this fine climate is better known.
By nine o’clock they were again on the way heading along the
smooth road leading to Caguas, five miles away. As they went down
into the valley the tropical vegetation became more luxurious than
ever, the out-spreading branches of palms and other trees often
brushing them as they passed.
“Not far away from here is a wonderful opening,” said Professor
Strong. “It is called Dark Cave, and is said to extend over a mile
underground. I was never inside, but the interior is said to be very
beautiful.”
“Let us go and see it,” cried Frank.
“No, we haven’t time, and besides, it is said to be a very dangerous
cave to visit, on account of the numerous pitfalls.”
As they journeyed along the professor pointed out the Luquillo
Mountains far to the eastward.
“That highest peak is Mount Yunque, the highest peak on the island,”
he said. “It has quite a history. Years and years ago Porto Rico was
swept by hurricanes and earthquakes, and then the natives thought
that Mount Yunque was angry and did all they could think of to
appease the monster.”
They did not stop at Caguas but pushed on directly for Cayey, fifteen
miles to the south-westward. They now passed numerous villages,
each but a collection of thatched huts, some standing directly on the
ground and others, near the water, on little stilts. But few animals
were visible outside of cows and sheep. Of poultry there was a large
quantity, and at one spot they came upon a group of natives
watching a cock fight directly in the middle of the road. The cocks
had been fighting for some time, evidently, for both were horribly
wounded.
“What a barbarous custom!” exclaimed Sam, with a shudder. “I hope
that our government puts a stop to that sport.”
“It will come in time, Samuel,” said the professor. “But everything
cannot be done at once. As it is, I am glad there are no more bull
fights.”
At the streams they passed they would often come upon native
women washing clothes and numerous youngsters in bathing.
Youngsters also filled the roadway at certain villages, running and
shouting in their sport. The majority wore but little clothing, and in
some cases they acted as if even this was a burden to them. A good
many would run away on seeing the Americans and shout out in
Spanish, “the shooters!” thinking of the soldiers that had fought on
the island during the late war.
“This whole territory was in a state of suspense during the war,” said
Professor Strong. “The army was under General Miles and an
advance was made from three different directions. The natives were
secretly in sympathy with our soldiers, but Spain had many soldiers
here and the natives were forced to obey them. The fighting was
stopped in the midst of a battle, when a messenger appeared with
news that an armistice had been agreed upon. Then, as you know,
the war came to an end, and some time later, Porto Rico was ceded
by Spain to the United States, along with the Philippines and other
islands of lesser importance.”
After a stop at Cayey over night they pushed westward to Aibonito, a
distance of ten miles further. A gentle breeze was blowing into the
valley from the mountains, making the ride more delightful than ever,
and they visited several plantations in that vicinity.
“This is the best of the weather to be met with in Porto Rico,”
observed the professor, as they moved along at a walk, to take in the
scenery around them. “For a sick man nothing is better, unless, of
course, he needs the bracing air of a high altitude. I think in years to
come folks will come here for their health just as they now go to
Jamaica and the Bermudas.”
At Aibonito the accommodations were very poor, and late as it was
they decided to push on to Coamo, on the river by that name. This
was a distance of seven or eight miles, and Hockley growled at
having to ride so much further. But nobody paid attention to him.
“He is getting to be a regular sore-head,” whispered Frank to Mark.
“If he keeps on I guess the professor will have to take him in hand.”
“He hasn’t gotten over that trick on shipboard,” replied Mark. “And he
has received money. That always puffs him up.”
“Do you think the professor knows about the money?”
“I guess not. Glummy never shows his wad when the professor is
around. But he loves to shove it under our noses,” added Mark.
All were thoroughly tired when Coamo was reached and after supper
were glad enough to retire. They slept soundly, although Darry
afterward declared that he had been bitten almost to death by fleas.
“Yes, Porto Rico has its full share of those pests,” said Professor
Strong, when told of this. “I felt them myself. It is too bad, but there
seems to be no help for it. The natives will have to fight them long
and hard if they ever wish to get totally rid of the pests.”
There was not much to see in Coamo outside of the church and one
or two small public buildings, and some odd looking fishing smacks
on the river, and shortly after breakfast they started on the last stage
of their journey across the island. Their course was now westward,
through Juan Diaz, where they stopped for another day, and towns
of lesser importance. For the greater portion of the distance, the road
here is not more than five miles from the sea, and at certain high
points they could catch glimpses of the rolling Caribbean, flashing
brightly in the sunlight. They crossed half a dozen streams, and at
last turned down the slope leading into the outskirts of Ponce,
named after the well-known discoverer, Ponce de Leon.
“It’s certainly been a delightful trip,” was Sam’s comment. “And we
have seen a good deal of native life. Much more than a fellow could
see by rushing past in a train—if there was a railroad.”
Ponce is situated about three miles north of the harbor, in a wide
plain surrounded by numerous gardens and plantations. The boys
could see numerous churches and public buildings, and as they
came closer saw several fine hotels which have been erected within
the past two years.
“This is something like it,” said Darry, as he smiled at the scene. “Is
Ponce a very large place?”
“It has a population of about thirty thousand,” answered the
professor, “although newcomers are drifting in from the States by
every steamer. It is a great shipping point for all islands south of this,
and, as you know, the terminus of one of the three railroads of Porto
Rico.”
Half an hour saw them in the center of the city, at the hotel the
professor had selected, a hostelry very much like that they had
stopped at in Havana. The street was filled with people coming and
going, and venders were pushing their way this direction and that,
each with a wide board balanced on his head, containing fruits,
candies, or pastries. Around at the side door of the hotel were
several mules, each carrying two trunks, strapped together and hung
over the beast’s sides. And over all a little native boy was running
along with a bundle of newspapers under his arm shrieking at the top
of his lungs: “Americano news! Who buy de papair? Americano
newspapair!”
“Hurrah! At last we have struck the Porto Rican cousin of the Bowery
newsboy!” cried Frank. “I declare, it makes a fellow feel quite at
home. Let’s buy some papers.” And they did, paying what was equal
to fifteen cents each for the sheets. They were New York papers and
nearly a week old, but all were satisfied later on to sit down and read
them thoroughly.
CHAPTER XXII
HOCKLEY IN TROUBLE
On the following morning all the boys, with the exception of Hockley,
were up bright and early. They wanted to see as much as possible of
Ponce, for the professor assured them that the public buildings, the
ancient churches, and the parks and public drives were all well worth
visiting.
“I don’t want to go out,” said Hockley, when called. “The horseback
riding made me stiff. I’d rather rest to-day,” and so, while the others
spent a day visiting a score of places, he was left behind to do as he
pleased.
The money he had received from his indulgent father had been
“burning a hole in his pocket,” to use a common expression. He
wanted a chance to have a good time, and as soon as Professor
Strong and the others had departed he set out for that purpose.
“I’m going to do as I please after this,” he told himself. “And no
Captain Sudlip shall get the best of me either.”
Having finished his breakfast Hockley purchased a package of
cigarettes and then went to the café for a “bracer.” He thought it quite
manly to drink a “bracer,” although he was in no need of the liquor.
To show off he paid for the drink out of a twenty dollar bill he
possessed and at the same time took good care to show the roll of
money he carried.
The foolish boy did not realize that Ponce was at this time filled with
fortune hunters of all sorts, men who had drifted in from the States
and from other places, all anxious to see if American rule of the
island would not give them some chance of bettering their condition.
Many of the fortune hunters were hard working and honest, but there
was another sort, gamblers and those who lived by their wits. These
were the fellows to be met with at the cafés and other drinking
resorts.
Not far from where Hockley was standing stood a man of about forty,
stout, and dressed in a checked suit of loud pattern. The man
boasted of a profusion of heavy jewelry, and from his shirt bosom
sparkled an immense “diamond”—of the sort which can be
purchased in any large city for ten or twenty-five cents. The man
wore patent leather boots, and his general appearance showed him
to be the sport that he was.
In an easy way he lounged up to Hockley. His eye had noted the
youth’s roll of bills and he made up his mind that here was a possible
victim. He put his hand in his pocket and drew forth a large dead
bug.
“Excuse me,” he said, politely and reached for Hockley’s collar. “It’s a
pinching bug, I guess,” and he threw the bug on the floor and
crushed it with his foot.
Of course Hockley thanked the stranger for his kindness and then,
as the latter was not drinking, asked him to have something. The
invitation was promptly accepted, and in return the stranger also
treated.
“My name is Brown,” he said. “J. Rutherford Brown, and I am from
Montana. I take it you are a newcomer in Ponce.”
“I am,” answered Hockley, and told his name and mentioned the
party of which he was a member. “It’s rather slow, traveling around
with those other fellows,” he added. “I want to see some sport.”
“Of course,” rejoined J. Rutherford Brown, enthusiastically. “I like a
little sport myself.”
More talk followed, and in the end it was agreed that the pair should
go on a little trip of their own, down the seashore, to a resort where,
according to the man from Montana, a “bang up, good, all around
time” could be had. “I’ll show you some real life,” said J. Rutherford
Brown. “Nothing like it anywhere.”
They were soon on the way, in a carriage the man from Montana
insisted on engaging. The route lay out of Ponce proper and along a
seaside drive to where some enterprising American hotel men had
erected several buildings, devoted partly to keeping boarders but
mostly to gambling.
The man from Montana had brought a flask of liquor with him, and
he insisted on treating, so that by the time the resort he had in mind
was reached poor Hockley was in anything but a clear state
mentally. He felt strangely elated.
“This is all right,” he repeated several times. “You’re a good fellow,
Brown, a fine fellow. Glad we met. You’ll lose nothing on me, no, sir.
I’ve got money, I have, and I mean to spend it.”
“That’s all right, but I insist on paying my own way,” answered J.
Rutherford Brown, smoothly. “I’ve got money myself.”
Once at the resort it was an easy matter for the sharper to get
Hockley into a side room, where the pair were free from observation.
In pulling a handkerchief from his pocket, the man from Montana let
fall a pack of cards.
“Hullo, you play cards?” asked Hockley. “But of course you do. So do
I. Let’s have a game.”
J. Rutherford Brown was willing, indeed, he was going to suggest a
game himself, and having ordered more liquor, and also a fine
dinner, they sat down. At first they played for fun. But then the man
from Montana spoke of a game in which he had won five dollars, and
poor, deluded Hockley at once insisted they put up something. Thus
the betting started, at a dollar, and the youth was allowed to win
twenty times that sum.
“Told you I could do it,” said Hockley. “But you shall have a chance to
win it back directly after dinner.” And after the meal the game began
again, and lasted the best part of two hours.
It is not my intention in these pages to describe the manner in which
Hockley was fleeced out of his money, nearly a hundred and
seventy-five dollars all told. Let me say flatly that I do not approve of
gambling in any form, and the person who gambles and loses his
money deserves no sympathy. It is a poor way in which to waste
valuable time, and money won at gambling rarely does the winner
any good. It is generally a case of “easy come and easy go,” and
with the coming and going the player loses a self-respect which is
hard to regain.
When the last game was played Hockley sat back in a dazed, blank
way. He had lost it all—every dollar had passed into the hands of J.
Rutherford Brown. And not only his money but also his watch and his
ring, those precious gifts from his father and his mother. At first he
could not realize it.
“Gone!” he muttered hoarsely, and there was almost a sob in his
voice.
“Better luck next time,” returned the man from Montana, cheerfully.
And then he shoved a glass of liquor at the foolish youth, who
clutched and drank it eagerly, in the hope of regaining his “nerve.”
What happened immediately after that Hockley could scarcely tell
with certainty. He remembered being helped into a carriage, and of
taking a long drive, and then all became a blank.
When he came to his senses he sat up in a dazed fashion. He knew
nothing but that his head ached as if it was going to split open and
that his mouth felt parched to the last degree.
“Where am I?” he muttered and stared around him. On all sides were
boxes and barrels, and he had been lying on some of these, with
some old bagging for a pillow. Gradually it dawned upon him that this
was a warehouse and that the rising sun was shining in at several of
the long, slatted windows. A strong smell of tobacco pervaded the
place.
“A tobacco warehouse,” he murmured, slowly. “Now how did I come
here and what makes my head ache so?” He tried to collect his
thoughts. “I went out riding with that stranger and we had a big
dinner together, and then we played cards——”
He stopped short and felt into his pockets. They were empty. Then
he clutched his watch pocket and felt of his finger upon which the
ring had rested. The full realization of what had occurred now burst