XII
Locke, by means known to himself alone, managed to have his application to the Transportation Commission set down for an early hearing. This made Joe’s presence necessary, and he came out of the woods lean and hard and full of vigour. Neither McCane nor his crew had taken up the challenge, and their intentions remained matter of speculation. Just before the hearing, however, the railway suddenly restored the old freight rate on lumber, thus taking the wind out of Locke’s sails.
“This puts us in the position of flogging a dead horse,” he grumbled. “Now the commission will tell us we ought to be satisfied, and refuse to let me show the genesis of the cancelled rate. Confound it! I depended on this to find out more about Garwood.”
This prediction turned out to be correct. The commission refused to allow its time to be wasted. The old rate was restored, and that was not complained of. Therefore, said they, there was no question for them to consider, their powers not being retroactive. Locke was unable to convince them to the contrary.
Outgeneralled in his plan of attack he sought another, finding it in a grievance possessed by one Dingle, a small contractor in a town on the O. & N. There the price of lumber had been boosted sky-high, and this destroyed Dingle’s profits on contracts he had undertaken. Investigation showed that the Central Lumber Company had bought out two competing dealers and immediately raised the price. Locke brought action for Dingle, claiming damages and charging an unlawful combination. He named the Central Lumber Company, its directors, Ackerman, Garwood, and the O. & N. Railway, defendants. It was, in fact, a legal fishing expedition and little more. The object of it was to obtain information looking to an action by Crooks and Kent against the same defendants, with the Peninsular Railway added.
Locke’s first intimation that he had drawn blood came in the shape of a visit from Henry J. Beemer, manager of the Peninsular. Beemer offered him the position of general counsel for that railway. The offer was apparently bona fide, and no visible strings dangled from it. Beemer, in fact, was not aware of the Dingle action and was merely carrying out instructions, and he was much surprised when Locke refused the offer.
“But why?” he asked. “It’s a good thing.”
“I know it is,” said Locke with a sigh, as he thought of his own rough-and-tumble practice. “Still I can’t take it. I don’t suppose you are aware of the fact, Beemer, but this is an attempt to buy me up.”
“Nonsense!” said Beemer indignantly. “If we had wanted to buy you we should have done it before. There is no litigation against us now in which you are interested. We make you the offer in good faith, because you are the man for the job.”
“I have litigation pending against Ackerman and Garwood,” the lawyer informed him. “You didn’t know that. So, you see, I have to refuse.”