“Nope. We’re going to Terra and slip them the slug. If we clip them now, they’ll have nothing to go on. H we wait till they get started, they’ll have a fighting chance. Besides, I think that all they want to do is to have the facts brought out. Are we or are we not under the terms of that contract?”
“Are we?”
“We’re as safe as Sol. And I know it. That contract pertained to the use of the solar beam only, plus certain other concessions pertaining to the use of the power-transmission tubes and other basic effects as utilized in communications.”
“Why can’t we tell them that?”
“It’s got to be told in a court of law,” said Don. “Kingman’s mind runs to legal procedure like Blackstone.”
“We’ll take the gadgets?”
“Right. What are you using for power?”
“What other? Solar beams, of course. We don’t bother about running stuff around anymore. We plug it in the 115-volt line, it energizes the little fellows just long enough to make them self-sustaining from Sol. All the 115-volt line does is to act as a starting circuit.”
“You and Farrell had better dream up a couple of power supplies then. We can’t use the solar beam on Terra.”
“I know. We’re a little ahead of you on that. Wes and one of the Thomas boys cooked up a beam-transducer power supply that will get its juice from any standard 115-volt, sixty-cycle line socket. We’ve got two of them—and they run the things easily.”
“Good. I‘ll ‘gram Terran Electric and let ‘em know we’re on our way for the legal tangle. You load up the Relay Girl and we’ll be on our way. Stock up the usual supply of bars, blocks, gadgets, and traps. Might include a bar magnet. When we show that it’s still magnetized, we’ll gain a point for sure.”
“If we take a magnet, we’d better take the fluxmeter to show that the magnetic field hasn’t dropped.”
“Right. Take anything you can think of for a good show. We can knock them dead!”
-
Mark Kingman put his assistant legal counsel on the witness stand. “You will state the intent of the contract signed between Terran Electric and Venus Equilateral.”
“The contract holds the following intent: ‘Use of the power-transmission tubes for communications purposes shall fall under the jurisdiction of Venus Equilateral. For power transmission, the tubes and associated equipment shall be under the control of Terran Electric. In the matter of the solar beam tubes, the contract is as follows: Venus Equilateral holds the control of the solar beam in space, on man-made bodies in space, and upon those natural bodies in space where Venus Equilateral requires the solar power to maintain subsidiary relay stations.‘ “
“Please clarify the latter,” said Kingman. “Unless it is your intent to imply that Terra, Mars, and Mercury fall under the classification of ‘places where Venus Equilateral requires power’.”
“Their control on natural celestial objects extends only to their own installations and requirements. Basically, aside from their own power requirements, Venus Equilateral is not authorized to sell power. In short, the contract implies that the use of the sub-etheric phenomena is divided so that Venus Equilateral may use this region for communications, while Terran Electric uses the sub-ether for power. In space, however, Venus Equilateral holds the rights to the power beam.”
Frank Tinken, head legal man of Venus Equilateral, turned to Don and said: “We should have this in a technical court.”
Don turned his attention from the long discussion of the contract and asked: “Why not change?”
“Judges hate people who ask for changes of court. It is bad for the requestee—and is only done when the judge’s disinterest is open to question, and also when the suspicion of dislike is less dangerous than the judge himself.”
“Well, this should be in a technical court.”
“Want to chance it?”
“I think so. This is more than likely to turn up with differential equations, physics experts, and perhaps a demonstration of atom-smashing.”
Kingman finished his examination and turned away. The judge nodded sourly at Tinken. “Cross-examination?”
Tinken faced the witness, nodded, and then faced the court.
“The witness’ statements regarding the contract are true. However, Judge Hamilton, I will attempt to show that this case is highly technical in nature and as such falls under the jurisdiction of the Technical Court. May I proceed?”
“Counsel for the plaintiff assures me that this is not truly a technical case,” snapped Hamilton. “However, if you can definitely prove that the case in point hinges on purely technical matters, what you say may be instrumental in having this hearing changed. Proceed.”
“Thank you.” Tinken turned to the witness. “Exactly what is the point in question?”
“The point in question,” said the witness, “is whether or not the matter transmitter falls under Terran Electric’s contract or Venus Equilateral’s contract.”
“Isn’t the question really a matter of whether the basic effect is technically communication or power transmission?”
“Objection!” Kingman barked. “The counsel is leading the witness.”
“Objection permitted—strike the question from the record.”
“I was merely trying to bring out the technical aspect of the case,” explained Tinken. “I’ll rephrase the question. Is it not true that the contract between Terran Electric and Venus Equilateral is based upon a certain technology?”
“Certainly.”
“Then if the case is based upon technical aspects—”
“Objection!” Kingman interrupted. “More than half of all manufacturing contracts are based upon technical background. I quote the case of Hines versus Ingall, in which the subject matter was the development of a new type of calculating machine. This case was heard in a legal court and disposed of in the same.”
“Objection permitted.”
“No further examination,” said Tinken. He sat down and turned to Don. “We’re in trouble. Hamilton does not like us.”
“Well, we still have the whip hand,”
“Right, but before we get done we’ll have trouble with Hamilton.”
“Before we get done, Kingman will have trouble with us,” said Don.
Terran Electric’s lawyer called Wes Farrell to the stand. “Mr. Farrell, you are employed by Venus Equilateral?”
“Yes.”
“In what capacity?”
“As an experimental physicist.”
“And as such, you were involved in some phases of the device under discussion?”
“I was,” said Farrell.
“Does the device make use of the solar beam?”
“It does, but—”
“Thank you,” interrupted Kingman.
“I’m not through,” snapped Farrell. “The solar beam is not integral.”
“It is used, though.”
“It may be removed. If necessary, we can have hand-generators supplied to generate the operating power.”
“I see,” said Kingman sourly. “The device itself is entirely new and basic?”
“Not entirely. The main components are developments of existing parts, specialized to fit the requirements.”
“They are based on specifically what?”
“Certain effects noted in the power-transmission tubes plus certain effects noted in the solar beam tubes.”
“And which of these effects is more contributory?”
“Both are about equally responsible. One will be useless without the other.”
Kingman turned to the judge. “I intend to show that the use of these effects is stated in the contract.”
“Proceed.”
“Was there any time during the development of the device any question of jurisdiction?”
“None whatever,” said Farrell. “We knew how we stood.”
“The statement is hearsay and prejudiced,” stated Kingman.
“Strike it from the record,
” Hamilton snapped.
“It stands at ‘none whatever’,” said Kingman.
The secretary nodded.
“Since absolutely no attention was paid to the terms of the contract, doesn’t that imply that a certain ignorance of the terms might prevail?”
“Objection!” shouted Tinken. “Counsel’s question implies legal carelessness on the part of his opponent.”
“How can you be aware of the ramifications of a contract that you do not read?” Kingman stormed.
“Objection overruled.”
“May I take exception?” requested Tinken.
“Exception noted. Counsel, will you rephrase your question so that no lack of foresight is implied?”
“Certainly,” smiled Kingman. “How were you certain that you were within your rights?”
“If this plan had been open to any question, my superiors would not have permitted me—”
“That will not serve!” snapped Kingman. “You are making an implication. Your testimony is biased.”
“Naturally,” Farrell barked. “No one but an idiot would claim to have no opinion.”
“Does that include the court?” asked Kingman suavely.
“Naturally not,” retorted Farrell. “I was speaking of interested parties.”
“Let it pass. In other words, Dr. Farrell, you were never sure that you were within your rights?”
“I object!” exploded Tinken. “Counsel is questioning a witness whose business is not legal matters on a subject which is legal in every phase.”
“Objection sustained,” said Hamilton wearily.
The matter was dropped, but Kingman had gamed his point. The item might never appear in the records, but it was present in the judge’s mind.
“Dr. Farrell,” said Kingman, “since you have no legal training, precisely what has been your education and background?”
“I hold a few degrees in physics, one in mathematics, and also in physical chemistry.” Farrell turned to the judge. “Judge Hamilton, may I explain my position here?”
“You may.”
“I have spent thirteen years studying physics and allied sciences. I believe that I stand fairly high among my fellows. Since no man may be capable in many arts, I believe that I have not been lax in not seeking degrees in law.”
“No objection,” said Kingman. “Dr. Farrell, in order that the process be properly outlined in the record, I am going to ask you to explain it in brief. How does your matter transmitter work?”
Farrell nodded, and took time to think.
Tinken whispered in Don’s ear: “The stinker! He knows Hamilton hates anything more complex than a can opener!”
“What can we do?”
“Hope that our demonstration blasts them loose. That’s our best bet, plus fighting for every inch.”
Farrell moistened his lips and said: “Utilizing certain effects noted with earlier experimentation, we have achieved the following effects: the matter to be transmitted is placed in situ, where it is scanned by an atom scanner. This removes the substance, atom by atom, converting the atoms to energy. This energy is then reconverted into atoms and stored in a matter bank as matter again. The energy of disintegration is utilized in reintegration at the matter bank with but small losses. Since some atoms have higher energy than others, the matter bank’s composition will depend upon the scanned substance.”
“The matter bank is composed of the same elements as the matter for transmission?” asked Kingman.
“No. Some elements release more energy than others. It is desirable that the energy transfer be slightly negative. That is to say, that additional energy must be used in order to make the thing work.”
“Why?”
“All power lines and other devices are developed for delivering energy, not receiving it. It is less disastrous to take energy from a power line than to try to drive it back in—and the energy must be dissipated somehow.”
“Then the matter bank is not the same material.”
“No,” said Farrell. “The substance of the matter bank is non-homogeneous. Simultaneously, it will be whatever element is necessary to maintain the fine balance of energy—and it is in constant change.”
“Proceed,” said Kingman.
“In passing from the disintegrator tube to the reintegrator tube, the energy impresses its characteristic signal on a sub-ether transmission system. Radio might work, except that the signal is unbelievably complex. Wired communications—”
“Objection to the term,” said Kingman.
“Sustained.”
“Wired—transfer—might work, but probably would not, due to this same high complexity in transmitted signal. At any rate, upon reception, the signal is used to influence or modulate the energy passing from a disintegrator tube in the receiver. But this time the tube is tearing down the matter bank and restoring the object. Follow?”
“I believe so. Does the court understand?”
“This court can follow the technical terms.”
“Now, Dr. Farrell, the matter transmitter does actually transmit over a power-transmission tube?”
“Yes. Of the type developed by us for communications.”
“But it is a power tube?”
“Yes.”
“Then are you certain that you are sending no energy?”
“I object!” shouted Tinken. “The question has no answer.”
“Hasn’t it?” Kingman queried. “My worthy opponent, all questions have an answer.”
“Objection overruled,” snapped Hamilton sourly. “Let the witness answer.”
“It is impossible to send communications without sending some energy. It is the intent to which the energy is put that determines the classification,” Farrell continued.
“Explain further.”
“You must send energy when you communicate with a light blinker.” Farrell grinned. “The receiving party receives the energy, but couldn’t possibly read a newspaper with it. The beams at Venus Equilateral send out several million watts—and by the time they get to Luna, they require amplifications bordering on the million times before they are usable. The intent is clear: we are not supplying power, we are sending intelligence.”
“I contend,” said Kingman to the judge, “that the contract states clearly that developments of this device are to be used for communications only when operated by Venus Equilateral. I further contend that the transmission of matter does not constitute a communication, but rather a transfer of energy.”
“I object,” said Tinken. “H this statement was objectionable to the learned counsel before, it is equally objectionable to me now.”
“Previously,” said Kingman suavely, “counsel was trying to influence a witness. I am merely trying to explain my point.”
Hamilton cleared his throat. “Counsel is merely trying to influence the court; the same privilege will be available to his opponent at the proper time. That is why we have courts.”
Tinken sat down.
“I maintain that the concept of communication precludes matter transmission,” stormed Kingman. “Matter transmission becomes a problem for the transportation companies and the power of companies. Matter, your honor, is energy. They are transmitting energy!”
He stalked over to Tinken and smiled affably. “Cross-examination?” he offered.
“No Questions,” said Tinken.
Hamilton rapped on the bench. “Court is adjourned for ten minutes.”
-
“Looking for something?” Don asked.
Arden turned from the window and faced him.
“I was trying to see Niagara Falls,” she smiled. “I’ve heard that you could see it from Buffalo.”
“What do you want to see Niagara Falls for, anyway? Just a lot of water falling over a cliff at two pints to the quart.”
“If you recall, chum, we went to Mars, not Niagara. There wasn’t two pints of water on the whole planet, let alone a thing like Niagara.”
Don nodded. “At the r
isk of offending a lot of Buffalonians, I’m beginning to dislike the place.”
“It isn’t the people,” said Arden. “It’s the position we’re in. Bad, huh?”
“Not going too good at all. Kingman slips in a sly dig every now and then. Frankly, I am getting worried. He’s got a few points that really hit close to home. If he can sell the judge on a couple more of them, we’ll be under the sod.”
“You won’t be out entirely, will you?”
“Not entirely. He’ll have to use the beams of Venus Equilateral to operate, but he’ll be collecting all the real gravy. We’ll just be leasing our beams to him.”
“Well, don’t go down without a fight, chum.”
“I won’t. I really hate to see Kingman get ahead of this, though.” Don stretched, took another look out across the city of Buffalo, and then said: “We’d best be getting back. We’ll be late … He said ten minutes.”
They went down the staircase slowly, and at the courtroom door they met Keg Johnson. The latter smiled wearily. “Not too good?”
“Nope.”
“Don, if you lose, then what?”
“Appeal, I guess.”
“That isn’t too good. Judges do not reverse lower courts unless a real miscarriage of justice takes place.”
“I know, but that’s our only chance.”
“What would you advise me to do?”
“Meaning?” asked Don.
“Interplanet. We’ll be run right out of business if this thing goes over to Kingman and that bunch.”
“I know.”
“Look, Don, have you tried living matter?”
“Plants go through with no ill effects. Microscopic life does, too. Animals we have tried died because of internal disorders—they move while being scanned, and their bodies come out looking rather ugly. An anaesthetized mouse went through all right—lived for several hours. Died because the breathing function made a microscopic rift in the lungs, and the beating heart didn’t quite meet true. We must speed up the scanning time to a matter of microseconds and then we can send living bodies with no harm.”
“That would clean out the spacelines,” said Keg. “I think I’ll offer that bird a slice of Interplanet for an interest if he wins. We’ve got to have it, Don.”
“I know, Keg. No hard feelings.”
Complete Venus Equilateral (1976) SSC Page 34