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CHAPTER 3

CONSTITUTIONS, STATUTES, ADMINISTRATIVE LAW, AND

COURT RULES—RESEARCH AND ANALYSIS
Lecture Plan/Chapter Outline

I. INTRODU CTION
Laws passed by Congress or state legislatures are generally called acts or statutes. This body
of law is commonly referred to as statutory law. Ordinances are laws usually passed by local
governing bodies, such as city councils and county commissions. Administrative agencies, under
the authority granted by legislative bodies, adopt rules and regulations that have the force of
law.
Statutory analysis is the process of determining if a statute applies, how it applies, and
the effect of that application.

II. ANATOMY OF A STATUTE

Understanding the structure of statutory law is essential to effective statutory analysis. A
researcher must be able to identify whether the statutory scheme (organizational structure of
the statutory law) assists in determining if a particular statute is applicable to a set of facts or
whether other sources need to be consulted to determine the applicability of the law.

A. Numbers
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 Each statute has numbers assigned for each section of the statute.
Most laws are divided into broad categories, each of which is assigned a number.
Those broad categories are divided into topics or smaller categories that are also assigned
numbers. The topics are further divided into subtopics, each of which is assigned a number,
and so on.

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B. Short Title

The short title is the name by which the statute is known.

C. Purpose Clause
The purpose clause includes the purpose the legislative body intended to accomplish when
drafting the statute.

D. Scope
Some statutes have sections that state specifically what is and is not covered by the statute.
These are called scope sections.

E. Definitions
Some statutes have definitions sections that define terms used in the statute.

F. Substantive Provisions
The substantive sections set forth the substance of the law. They establish the rights and
duties of those governed by the statute: that which is required, prohibited, or allowed.
The substantive sections may include sections that provide remedies, such as fines or
imprisonment in criminal cases. There may be sections governing procedure, such as which
court has jurisdiction over the matters covered by the statute.

G. Annotations/Referenc e Information
Following each section of a statute is reference information, usually referred to as
annotations, which includes:

▪ The history of the section, including dates of amendment. It may also include
summaries of the amendments and previous statutory numbers if the section number
has changed due to a recodification
▪ Historical and statutory notes
▪ Official comments on the section
▪ Cross-references to other related statutes

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 ▪ Library references/research guides—references to other sources that may be useful
when analyzing the statute, such as books, digest key numbers, law review and other
articles, ALR cites, and legal encyclopedia cites that discuss the section (C.J.S., Am. Jur.
2d, etc.)
▪ Notes to decisions—the name, citation, and summaries of key court decisions that
have discussed, analyzed, or interpreted the statute

Annotations are sources of information and are not part of the statute. They are not the
law and do not have legal authority.

III. STATUTORY RESEARCH—LOCATING STATUTES

Statutory research is the process of finding the statutory law that applies to a problem. The U.S.
Constitution is included with the United States Code Annotated and the United States Code
Service, the main research sources for federal law, and most state constitutions are included
with the state statutes.

A. Federal Law
1. Publication
The full text of each law is published separately by the U.S. Government Printing Office and is
referred to as a slip law. At the end of each session of Congress, the slip laws are placed in
chronological order (organized according to the date the law was passed) and published in
volumes titled the United States Statutes at Large.
In the United States Code, the laws contained in the United States Statutes at Large are
organized (codified) by subject into 50 categories called titles. The United States Code is the
official code of the laws of the United States. A publication of a code of laws is considered an
official code when the government itself publishes the code or arranges for or directs a
commercial publisher to publish the code.

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2. United States Code Annotated
The United States Code Annotated (USCA) is not an official code, as it is published by West Group
(and is available on Westlaw). The USCA consists of approximately 200 volumes. The first
volumes contain the U.S. Constitution with annotations. Subsequent volumes include the

entire text of the 50 titles of the United States Code. The USCA includes:
a. General Index
b. Pocket Parts and Supplementary Pamphlets
c. Popular Name Table—a list of the popular names of statutes, such as the
Americans with Disabilities Act and the Freedom of Information Act
d. Conversion Tables—can be used to find where the law is classified in the USCA

3. United States Code Service

The United States Code Service (USCS) is not an official code, as it is published by LexisNexis. The
USCS consists of approximately 150 volumes and contains the wording of the federal
statutes published in the Statutes at Large.

Similarities between the USCA and USCS are that both sets:

1. Are organized in the same way

2. Have general indexes, popular name tables, and conversion tables
3. Are annotated
4. Are similarly updated

Differences between the USCA and USCS:

1. The USCA includes more court decisions in the “Notes of Decisions” section of the
annotations. The USCS tends to be more selective and references the more
significant cases.
2. The “Research Guide” section of USCS annotations is more comprehensive than
the “Library Reference” section of the USCA in that it includes more references to
research sources.

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 3. The supplements to the USCS, called the Cumulative Later Case and Statutory
Service, are cumulative.
4. In the USCA, the topics covered in the “Notes to the Decisions” are arranged
alphabetically; in the USCS, the “Interpretive Notes and Decisions” are arranged
according to topic.

B. State Statutory Law and Codes

The enactment and publication of state legislation varies in detail from state to state, but
most state codes are similar to the USCA and USCS in the following ways:

▪ Each set has a general index, and some sets have a separate index following each title.
▪ Some statutes have popular name tables and conversion tables that can be used to
locate statutes that have been renumbered or repealed.
▪ The statutes are organized by subject, with each subject title being subdivided into
chapters, and so on.
▪ The state constitution with annotations is included in the code.

▪ State codes are usually updated annually by some form of supplement. These may be
pocket parts inserted in the statutory volume or separate pamphlets.
▪ State statutes are annotated. The annotations include the history of the
section, cross-references to other statutes, research guides, and notes to
court decisions.

C. The Research Process—Techniques and Strategies

1. Locate the Statute
The beginning step of all research, including statutory research, is to identify what you are
looking for as precisely and narrowly as possible. After you have defined your search as
concisely as possible, there are three main ways to approach locating a statute:

a. General Index
b. Title Table of Contents
c. Popular Name
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 2. Update Your Research

After you locate a statute, check the pocket parts and supplementary pamphlets to ensure
that the statute published in the main volume has not been amended or repealed. Check also
the annotations to locate new case law that may affect the interpretation of the statute.

D. Ethics—Competenc e and Diligence

There are considerations of ethics to keep in mind when conducting any kind of research.
Rule 1.1 of the American Bar Association’s Model Rules of Professional Conduct requires that
a client be provided competent representation. Rule 1.3 provides that a client be represented
with diligence and promptness.

IV. ADMINISTRATIVE LAW

The body of law that results from the rules and regulations and the court opinions
interpreting them is called administrative law.

A. Federal Administrativ e Law

1. Publication
Administrative regulations are published in two sources:
a. Federal Register. The Federal Register is a daily publication of the federal government
that publishes:
• Presidential documents such as executive orders
• Rules and regulations
• Proposed rules and regulations, including summaries of proposed rules and notices
of hearings, persons to contact, and others
b. Code of Federal Regulations (CFR). The regulations of administrative agencies are
codified in this multivolume, softbound set of books.

1. Researching Federal Administrativ e Law

The following guides focus on researching the CFR.

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 a. Indexes and table of contents
b. Other sources for locating rules and regulations—secondary sources, such as law review
articles and ALR annotations
c. Federal Register
d. Computer-aided research
e. Court and administrative decisions—may be available through the Government Printing
Office and through commercial publishers, such as CCH and BNA (discussed in this
chapter); administrative and court decisions can also be accessed through Westlaw and
LexisNexis
f. Updating administrative law research—the Code of Federal Regulations is updated by
consulting the List of CFR Sections Affected (LSA)

B. State Administrativ e Law

The publication of state rules and regulations varies from state to state. The publication and
research of state administrative law often follows in varying degrees that of federal
administrative law.

V. COURT RULES
Court rules regulate the conduct of matters brought before the court. The Federal Rules of
Civil and Criminal Procedure are included in the United States Code.
The state and federal rules are available on Westlaw and LexisNexis, through
http://www.findlaw.com and the state or individual court website.
Local rules are specific to the court and generally govern administrative matters such as
the size of papers accepted, the number of copies of pleadings that must be filed with the
original, and how to file by facsimile transmission.

VI. ANALYSIS—THE PROCESS

The analysis of enacted law and court rules is a process of determining if a law applies, how it
applies, and the effect of that application to a specific fact situation. When analyzing a legal

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 problem or addressing an issue governed by a constitutional, statutory, or administrative law
provision, or a court rule, it is helpful to have an approach—an analysis process. A three-step
approach is recommended.

A. Step 1: Determine If the Statute Applies

1. Locate all applicable statutes.
2. Determine which statutes apply by asking does the general area of law covered by
this statute apply to the issue raised by the facts of my client’s case?
▪ Reference to case law may be necessary to determine if a statute governs a
situation.
▪ It may be that two laws govern a legal question. In this event, two causes of
action may be available.
▪ Always check the effective date of the statute to be sure that the statute is in
effect.
▪ Always check the supplements to the statute to make sure that the statute you
are researching is the latest version.

B. Step 2: Analyze the Statute

Carefully read and analyze the statute to determine how it applies. Some statutes are lengthy
and difficult to understand. Step 2 involves two parts:

1. Read the Statute

a. Read the statute carefully several times.
b. Does the statute set a standard or merely provide factors that must be considered?
c. Does the statute provide more than one rule or test? Are other rules or tests available?
Are there exceptions to the rule or test?
d. All the words and punctuation have meaning. Always check the definitions section for
the meaning of a term.
e. Review the entire statute (all sections) to determine if other sections in some way affect
or relate to the section you are researching.

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 f. Certain common terminology must be understood. Be aware of the meaning of
commonly used terms such as shall, may, and, and/or. Shall makes the duty imposed
mandatory. It must be done. May leaves the duty optional. If and is used, all the
conditions or listed items are required. If the term or is used, only one of the conditions
or listed items is required.
g. Keep in mind the cannon of constructions when reading.

2. Identify the Statutory Elements

What does the statute specifically declare, require, or prohibit? Ask yourself, what specific
requirements must be met for the statute to apply? What are the elements? For a statute to
apply, certain conditions established by the statute must be met. These conditions or
components of the statute are called statutory elements. After the elements are identified,
you can determine how the statute applies.
Identify the elements or requirements of the statute by reading the entire statute,
analyzing each sentence word by word, and listing everything that is required.

C. Step 3: Apply the Statute to the Legal Problem or Issue

This entails applying or matching the facts of the client’s case to the elements of the statute.
Match the client’s facts with the required elements of the statute.

1. Chart Format

Utilize a chart that lists the elements of the statute.

2. Narrative Summar y

Use a narrative summary of the elements and how the facts of the case match or establish
the elements.

VII. GENERAL CONSIDERATI ONS

Always keep in mind two major considerations and guidelines when engaged in statutory
analysis:

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 1. Legislative history
2. Canons of construction

The plain meaning rule mandates that a statute will be interpreted according to its plain
meaning. Words will be interpreted according to their common meanings. The court will render
an interpretation that reflects the plain meaning of the language and is consistent with the
meaning of all other sections of the act.

A. Legislativ e History
Legislative history is the record of the legislation during the enactment process before it
became law. It is composed of committee reports, transcripts of hearings, statements of
legislators concerning the legislation, and any other material published for legislative use in
regard to the legislation.

B. Canons of Construction
Canons of construction are rules and guidelines the courts use when interpreting statutes.
The plain meaning rule governs when the canons of construction apply. If the meaning of the
statute is clear on its face, then there is no room for interpretation and a court will not apply
the canons of construction.

1. Expressio Unius

The entire Latin phrase is expressio unius est exclusio alterius, which translates as “the
expression of one excludes all others.” If the statute contains a list of what is covered,
everything else is excluded.

2. Ejusdem Generis

The Latin term ejusdem generis means “of the same genus or class.” Whenever a statute
contains a specific list followed by a general term, the general term is interpreted to be
limited to other things of the same class or kind as those in the list.

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 3. Pari Materia

The Latin phrase pari materia translates as “on the same subject matter.” Statutes dealing
with the same subject should be interpreted consistently.

4. Last Antecedent Rule

Qualifying words and phrases apply to the words or phrase immediately preceding and do
not extend to other more remote words or phrases.

5. Intended Remedy

Statutes are to be interpreted in a manner that furthers the intended legislative remedy.

6. Entire Context

The words, phrases, and subsections of a statute are to be interpreted in the context of the
entire statute.
7. Constitutionality

Statutes are assumed to be constitutional and should be construed in a manner that

preserves their constitutionality, if possible.

8. Criminal Statutes

Criminal statutes are to be narrowly interpreted.

VIII. CITING CONSTITUTIONS, STATUTES,

ADMI NISTRATIV E LAW, AND COURT RULES
A. Citing Constitutions
The citation format for constitutions is in Bluepages B11 and Rule 11 of the Bluebook and
Rule 13 of the ALWD Guide.

B. Citing Statutes
The citation format for statutes can be found in Bluepages B12 and Rule 12 of the
Bluebook and Rule 14 of the ALWD Guide.

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 1. General Rules When Citing Statutes
a. Official versus Unofficial Codes.
The official code should be cited when a statute is found therein. Citing to unofficial
codes is permissible but requires that the name of the publisher, editor, or compiler
be included in the parenthetical with the year of the code.
b. Print versus Electronic Databases
When citing a print source be mindful of whether material is taken from main
volumes or supplemental volumes.
c. Section Symbol and Multiple Sections
The section symbol is used to indicate a section of a statute.
d. Short Citation Format
Once citation to a statute has been presented in a document in the full format,
subsequent cites may be in short citation format.

2. Session Laws and Slip Laws

If a citation is not available in the official or unofficial codes, then it is appropriate to cite
the session law.

C. Citing Administrativ e Law

The citation format for administrative law can be found in Bluepages B14 ad Rule 14 of the
Bluebook and Rule 19 of the ALDW Guide.

D. Citing Court Rules

The citation format for court rules can be found in Bluepages B12 and Rule 12 of the
Bluebook and Rule 17 of the ALWD Guide.

E. Sections and Paragraphs

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Teaching Tips
Emphasize that knowing the anatomy of a statute (the statutory sections, such as the
definition section, scope, and substantive provisions) is important and that the entire statute
should be reviewed, not just a substantive provision. For example, students may tend to read
only the substantive statute they have looked up and fail to read the definition section or
other sections of the statute that may affect the application of the section they have located.
Also, emphasize the value of the reference information following the statutory provision.
Emphasize that, when analyzing a statute, it is important to identify all the requirements
(elements) of the statute and that there must be facts that meet each element for the statute
to apply.
Suggested Assignments
1. Refer to Assignment 7 of the Chapter Exercises. Have students refer to the statutes
and answer the following questions.
▪ How is murder in the first degree defined?
▪ Does your state recognize nuncupative wills—and, if so, what is required?
▪ Does your state allow holographic wills—and if so, what is required?
▪ What is the citation of the Statute of Frauds section of the State Commercial Code?
▪ Does your state have a statute protecting privileged communications between
spouses? If so, what is the citation and what communications are privileged?
2. Have students locate your state law governing nuncupative wills and complete
Assignment 12A–D using that law rather than the law presented in this assignment.
3. Have students locate the statute of frauds section of your state’s commercial code
and complete the assignment using that law rather than the law presented in
Assignment 13A–C.
4. Have students locate your state law governing privileged spousal communications
and complete Assignment 14A–C using that law rather than the law presented in
Assignment 14.

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Text Assignments: Answers
ASSIGNMENT 1
Answers will vary depending on the state.
ASSIGNMENT 2
The Fair Housing Act, 42 U.S.C. §3601 et. seq. The easiest way to find this is by consulting the
popular name table under “Fair Housing Act.” Whether the state has a law depends on the
state.
ASSIGNMENT 3
17 U.S.C.A. §1001, under COPYRIGHTS—Digital audio recording device in USCA index. Section
1001(3):

A “digital audio recording device” is any machine or device of a

type commonly distributed to individuals for use by individuals,
whether or not included with or as part of some other machine or
device, the digital recording function of which is designed or
marketed for the primary purpose of, and that is capable of,
making a digital audio copied recording for private use except
for—

(A) Professional model products, and

(B) Dictation machines, answering machines, and other
audio recording equipment that is designed and
marketed primarily for the creation of sound recordings
resulting from the fixation of nonmusical sounds.
Answers will vary regarding what Internet source was used.
Answer should be Yes if checking the currentness of the section was allowed.
In June 2017 answer is Current through P.L. 115-40. Answer will vary with each passing
legislative session.

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 ASSIGNMENT 4

Federal Home Loan Mortgage Corporation, 12 U.S.C. §4520. Under MINORITY BUSINESS
ENTERPRISE—Federal Home Loan Mortgage Corporation.
12 U.S.C.A. §1833e in print was last updated March 2014, but if a school library does not keep
their U.S.C.A. updated, answers may vary.
Answers will vary regarding what Internet source was used.
Answer should be Yes if checking the currentness of the section was allowed.
In June 2017 answer is Current through P.L. 115-40. Answer will vary with each passing
legislative session.
ASSIGNMENT 5

18 U.S.C.A. §175, the authorized term of imprisonment for possession of biological weapons by
a restricted person is “fined as provided in this title, imprisoned not more than 10 years, or
both, but the prohibition contained in this section shall not apply with respect to any duly
authorized United States governmental activity.” This is Title 18 Section 175(b). The current print
edition is the 2012 edition started shipping in 2013, the volume containing this statute is dated
2013. Answers will vary regarding Internet source. Answer should always be Yes regarding checking
the currentness of the section. In June 2017 answer is Current through P.L. 115-40. Answer will vary
with each passing legislative session.

ASSIGNMENT 6
Fifth Amendment, headnote 18—Juveniles. Application of In Re Gault, 387 U.S. 1, 87 S.Ct.
1428, 18 L.Ed. 2d 527 (1967).
ASSIGNMENT 7
Answers will vary for each part of this assignment.
Pages: 63115–63117
Effective Date: October 19, 2015
ASSIGNMENT 8A
The elements of arson are the following:

1. A person . . . knowingly [that is, intentionally]

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 2. sets fire to, burns, causes to be burned, or by use of any explosive, damages or
destroys, or causes to be damaged or destroyed, any property of another without his
consent.
ASSIGNMENT 8B
Tom has committed arson because all of the elements are met.

1. He acted knowingly—he did not accidentally blow up the barn.

2. By use of an explosive, he destroyed the barn.
3. He destroyed property—a barn is property.
4. The property belonged to another—a neighbor.
5. He acted without consent—assuming that the neighbor did not consent (there are no
facts given concerning consent).
ASSIGNMENT 8C
1. If the statute is strictly construed, Lois has probably not committed arson because she
did not “knowingly” set fire to the house. She accidentally set fire to the house. Case law
should be consulted because the courts may have ruled that certain conduct, such as
lighting a match to locate a safe after breaking into a house, is acting “knowingly” within
the meaning of the statute. If that is the case, then Lois has committed arson because
the remaining four elements are present.
2. She set fire to the house.
3. She set fire to property—a house is property.
4. The property belonged to another—assuming that Lois did not break into her own
house.
5. She acted without consent—assuming that the owner did not consent (there are no
facts given concerning consent).
ASSIGNMENT 8D
Dai has committed arson because all of the elements are met.

1. She acted knowingly—she did not accidentally set the building on fire.
2. She set the building on fire.

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 3. She set fire to property—the diner is property.
4. The property belonged to another—the property did not belong entirely to Dai
because she owned the building with Steve. Steve owned an interest in the building.
When Dai set fire to it, she set fire to the property of “another”—Steve’s property
interest in the building.
5. She acted without consent—assuming that Steve did not consent (there are no facts
given concerning consent).
ASSIGNMENT 9
Answers will be similar to the answers to Assignment 8A–D, but they may vary according to
state law.
ASSIGNMENT 10
40 C.F.R. 8. C.F.R. Index under Environmental Impact Statements—Environmental Protection
Statements—Antarctica, nongovernmental activities, environmental impact assessment.
ASSIGNMENT 11
Page 63115. Federal Register Index Vol. 80, No. 201. The final rule is effective October 19,
2015.
ASSIGNMENT 12A
The statute applies to nuncupative wills. A nuncupative will is an oral will, a will that is not
written.
Instructor’s Note: You may want to require students to answer this question with a legal
dictionary definition of nuncupative.
ASSIGNMENT 12B
The elements of the statute are as follows:

1. The testator must be in imminent peril of death.

2. The testator must have died as a result of the impending peril.
3. The testator must have declared the will to be his last will.
4. The testator must have made the declaration before two disinterested witnesses.
5. The will must be reduced to writing by or under the direction of one of the witnesses.

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 6. The reduction to writing must take place within 30 days after the declaration.
7. The will must be submitted for probate within six months after the death of the
testator.
ASSIGNMENT 12C
The statute does not apply to this situation. The statute applies to nuncupative (oral) wills. It
does not apply to written wills. The facts in Assignment 12C involve a will written by the testator.
Mr. Lang’s will would be governed by the statutes dealing with holographic wills, wills written by
the testator, usually handwritten.
ASSIGNMENT 12D PART 1
There is insufficient information provided in the problem to determine if the will is valid under
the statute. The following information is necessary.

1. It must be determined if Larry (the testator) was in imminent peril of death when he
made the declaration. The statute requires that the testator be “in imminent peril of
death.” Even though Larry was on his deathbed, the facts do not state that he was in
imminent peril of death (although this probably can be assumed).
2. It must be determined if Larry died of the imminent peril. The statute requires that
the testator must die “as a result of the impending peril.” The facts do not state that
Larry died as a result of the impending peril. Although the facts state that Larry was
on his deathbed, and one would tend to assume that he died as a result of the peril,
there is no direct statement to this effect in the facts. One must determine if Larry
indeed died of the peril and not assume that this is the case.

Instructor’s Note: Students should be advised to beware of making assumptions. A

good rule to follow is to not assume anything; rather, be sure. If necessary, gather
more information or conduct additional research.

3. It must be determined if Larry’s sister Mary and his neighbor Tom are “disinterested
witnesses” within the meaning of the statute. The statute requires that the testator’s
declaration be made before two disinterested witnesses. Beth is an interested witness
because Larry leaves all his property to her. The other two witnesses are Tom and

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 Mary. If Mary or Tom is determined to be an interested witness, then there are not
two disinterested witnesses. The requirement that the declaration be witnessed by
two disinterested witnesses would not be met, and the will would not be valid.
Even though Mary does not inherit under the declaration of the terms of the
nuncupative will, she might still inherit a portion of Larry’s property pursuant to the

provisions of Subsection C of the statute. Therefore, she may be considered an

interested party. The relevant statutory and case law must be researched to
determine what constitutes an interested witness and if Mary is an interested
witness.
It must also be determined if Tom, Larry’s next-door neighbor, is an interested
witness. Larry may have a written will in which Tom is named as a beneficiary. Under the
provisions of Subsection C of the statute, it is possible that Tom could inherit a portion
of Larry’s property and therefore be considered an interested witness. As in Mary’s case,
the relevant statutory and case law must be researched to determine if Tom is an
interested witness.
4. It must be determined if the declaration by Larry was made “before two disinterested
witnesses.” The question is what constitutes “before.” Tom heard the declaration, but
he was not in the same room as Larry when the declaration was made. It must be
determined if the statute requires that the witness be physically present in the same
room as the testator when the declaration is made.
In order to answer this question, it will probably be necessary to research case law
to determine what constitutes “before two disinterested witnesses.” Although it is
possible that another section of the Probate Code sets forth what constitutes proper
witnessing, it is more likely that this question has been addressed by the courts.
ASSIGNMENT 12D PART 2
According to Subsection C of the statute, the nuncupative will does not revoke an existing

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written will. Under Subsection C, the nuncupative will only change the written will to the
extent necessary to give effect to the nuncupative will. Subsection B further limits the effect of
the nuncupative will. It provides that a nuncupative will may only dispose of personal property
in an aggregate value not exceeding $1,000.
The combined effect of these two sections is that Larry’s nuncupative will disposes of Larry’s
personal property in an amount not exceeding $1,000. His written will is affected only to this
extent.
ASSIGNMENT 13A
Section 2-201 provides that a contract for the “sale of goods . . . is not enforceable . . . unless
there is some writing.” The statute does not refer to the lease of goods and therefore does not
appear to apply to the lease of goods. Research should be conducted, however, to determine
if the “sale of goods” is interpreted to include the lease of goods. There may be a definition
section of the Commercial Code Sales Act that defines “sale of goods.” Also, there may be a
court opinion that interprets what constitutes the “sale of goods.”
ASSIGNMENT 13B
The required elements for a contract for the sale of goods of $500 or more to be enforceable
are the following:

1. The contract must be in writing.

2. The writing must be sufficient to indicate that a contract for sale has been made
between the parties.
3. The contract must be signed by the party against whom enforcement is sought, that
is, the party being sued or that party’s authorized agent or broker.
ASSIGNMENT 13C PART 1
The statute does not limit who can enforce the contract. It does, however, provide limits
against whom enforcement may be sought. The statute limits enforcement to those contracts
“signed by the party against whom enforcement is sought.” In other words, a contract may
only be enforced against a party who signed it. Since neither party signed the contract, it is not
enforceable against either party.

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ASSIGNMENT 13C PART 2
The statute provides that a contract is not enforceable unless it is “signed by the party against
whom enforcement is sought.” If Mary is the only party who signed the contract, under the
provisions of the statute, the contract can only be enforced against her. Therefore, only the
seller can enforce the contract.
ASSIGNMENT 13C PART 3
It must be assumed in Assignment 13C, Parts 3 and 4, that the written contract is “sufficient to
indicate that a contract for sale has been made between the parties.” Since the contract was
signed by both parties, under the provisions of the statute, it is enforceable against both
parties. The fact that the contract incorrectly provides for the sale of nine tires, rather than
the 10 tires the parties orally agreed on, does not render the contract unenforceable. The statute
provides that a “writing is not insufficient because it omits or incorrectly states a term agreed
upon.”
When, however, the contract incorrectly states a term, the statute provides that the
contract is not enforceable “beyond” the quantity shown in the contract. In this case, the
contract provides for the sale of nine tires. Therefore, in light of the provisions of the statute,
the contract is enforceable for the sale of up to nine tires.
ASSIGNMENT 13C PART 4
The answers to Assignment 13C, Parts 3 and 4, are very similar. Because the contract was
signed by both parties, under the provisions of the statute, it is enforceable against both
parties. The fact that the contract incorrectly provides for the sale of 15 tires rather than the
10 tires the parties orally agreed on does not render the contract unenforceable. As noted in the
answer to Assignment 13C, Part 3, the statute provides that a “writing is not insufficient
because it omits or incorrectly states a term agreed upon.”
As noted in the answer to Assignment 13C, Part 3, when a contract incorrectly states a
term, the statute provides that the contract is not enforceable beyond the quantity shown in
the contract. In this case, the contract provides for the sale of 15 tires. Therefore, in light of
the provisions of the statute, the contract should be enforceable for the sale of up to 15 tires.

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 The statute, however, does not address a question that is implied in this assignment.
The statute only provides that the contract is not enforceable “beyond the quantity” stated in
the contract. What if the written contract incorrectly states a quantity in excess of the
amount orally agreed upon by the parties and a party wants the contract enforced only in the
amount of the oral agreement?
In this case, the oral agreement was for 10 tires and the written contract provides for
the sale of 15 tires. Is the contract enforceable for a quantity in excess of the amount orally
agreed upon? A literal reading of the statute would indicate, yes; it is enforceable for a quantity
of up to 15 tires, even though the parties orally agreed only to 10 tires. In this situation, it is
advisable to research case law to determine if the courts have interpreted the statute to limit
the enforcement of the quantity to the amount orally agreed upon by the parties—in this
case, 10 tires.
ASSIGNMENT 13C PART 5
There is an enforceable contract under the provisions of the statute if the slip of paper is
“sufficient to indicate that a contract for sale has been made between the parties.” The
statute does not provide any guidance as to what is sufficient; therefore, research would be
necessary to determine if any other statute defines “sufficient” or if the courts have
interpreted what constitutes a sufficient writing under the statute.
If research indicates that the writing is sufficient, then additional research would be
necessary to determine to what extent the contract is enforceable. Because the writing does
not include any of the terms of the agreement, such as quantity or price, the statute is of
little guidance. Court cases involving similar fact situations would have to be researched to
determine how and to what extent the courts have enforced similar contracts.
ASSIGNMENT 14
Instructor’s Note: The statutory section in this assignment involves privileged communications
between spouses. Often, there are other state statutes that limit this privilege. For example,
some states have statutes that provide that the privilege does not apply in cases involving

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child neglect and abuse. Therefore, students should be advised that they should always
conduct thorough research into all related statutes.
ASSIGNMENT 14A
The statutory elements of Section 35-1-4 are as follows:

1. A husband and wife may testify for or against each other in all actions with the
following exception:
2. A husband and wife may not testify
a. as to any communication or admission
b. made by either of them to the other
c. during the marriage.

This prohibition does not apply in actions:

a. between such husband and wife, and

b. where the custody, support, health, or welfare of their children or children in
either spouse’s custody or control is directly in issue.
ASSIGNMENT 14B
As indicated in Assignment 14A, a husband and wife may testify for or against each other in all
actions unless the testimony involves “any communication or admission” made by them to
each other during the marriage. In addition, they may testify for or against each other concerning
communications or admissions made during the marriage when the action is between the
husband and wife, and directly in issue is the custody . . . of their children or children in
either spouse’s custody or control.
Except in the situation mentioned in the previous paragraph, a husband and wife are
prohibited from testifying either for or against each other in all actions in regard to
communications or admissions made to each other during the marriage.
ASSIGNMENT 14C PART 1
It is assumed that the husband and wife were married when the husband admitted he knew
that he ran the stop sign because he was drunk. Since the conversation took place during the

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marriage, and the lawsuit does not involve an action between the husband and wife, the wife
cannot be compelled to testify concerning her husband’s admission. The statute provides that
“neither may testify” concerning such conversations made during the marriage. There is no
provision in the statute that allows a spouse to be compelled to testify in this situation.
ASSIGNMENT 14C PART 2
The answer to this question is essentially the same as the answer to the question in
Assignment 14C, Part 1. Since the conversation took place during the marriage, and the
lawsuit does not involve an action between the husband and wife, the wife cannot voluntarily
testify concerning her husband’s admission. The statute provides that “neither may testify”
concerning such conversations. There is no provision in the statute that allows one spouse to
waive the privilege.
ASSIGNMENT 14C PART 3
This question can be interpreted in two ways. Can the wife voluntarily testify concerning the
conversation if the husband and wife are legally separated at the time the testimony is
offered? The answer to this question is addressed in the answer to Assignment 14C, Part 4,
below.
This question can also be interpreted as follows: Can the wife voluntarily testify concerning
the conversation if the husband and wife are legally separated at the time the conversation took
place? The answer to this question depends on how “during the marriage” is interpreted. The
statute provides that neither may testify as to any communication made “during the marriage.”
If the conversation took place while the parties were legally separated, was it made “during
the marriage” within the meaning of the statute? Does a legal separation terminate the
privilege? Are the parties no longer married for the purposes of this statute when they are
legally separated?
The statutes must be reviewed to determine if there is a definition or other section that
defines “during the marriage.” In the absence of an applicable statutory section, the case law
must be researched for a court opinion that discusses whether a conversation that takes
place between a husband and wife while they are legally separated is made “during the

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 marriage” and therefore privileged under Section 35-1-4. In the absence of statutory or case
law, it would be necessary to refer to secondary authority, such as a legal encyclopedia.
ASSIGNMENT 14C PART 4
It is assumed that the conversation took place during the marriage. The question, then, is
whether the statute only applies while the parties are married. In other words, if the parties
are no longer married, may they testify about conversations that took place during the
marriage?
The statute states that neither party may testify as to conversations between them “during
the marriage.” The statute does not have a section that provides that the privilege only
applies while the parties are married; the statute does not specifically require that the parties
be married at the time the testimony takes place. Therefore, the privilege probably applies
even when the parties are no longer married.
It is, however, possible that the statute has been interpreted differently. Therefore,
research should be conducted to determine if the legislature or the courts have interpreted
the statute differently.
ASSIGNMENT 14C PART 5
The answer to this question depends upon what constitutes a marriage in the state. The
statute prohibits testimony as to communications or admissions made “during the marriage.”
If state law recognizes common law marriages, and the husband and wife having lived
together for 20 years constitutes a valid common law marriage, then they are married and the
statute applies. It would be necessary to determine the answer to the following questions.

1. Does the state recognize common law marriages?

2. What is required for a common law marriage?
3. In addition to living together as husband and wife, have the parties met all the
requirements for a valid common law marriage?
ASSIGNMENT 14C PART 6
More information is needed to answer this question. The statute provides that a husband or

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wife may testify concerning conversations made during the marriage in actions between the
husband and wife “where the custody, support, health, or welfare of their children or children
in either spouse’s custody or control is directly in issue.” Therefore, it is necessary to
determine what is in issue in the divorce action in order to answer this question. If the custody
and other matters of the children is directly in issue, then the conversation is admissible.
ASSIGNMENT 15A

18 U.S.C. §117 (2013)—Note: Instructors should determine if any updates have occurred and
are
included via pocket parts.
ASSIGNMENT 15B
Penalty: “shall be fined under this title, imprisoned for a term of not more than 5 years, or
both, except that if substantial bodily injury results from violation under this section, the
offender shall be imprisoned for a term of not more than 10 years.”
ASSIGNMENT 15C
In this section, the term ‘‘domestic assault’’ means an assault committed by a current or former
spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child
in common, by a person who is cohabitating with or has cohabitated with the victim as a
spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or
guardian of the victim.
ASSIGNMENT 16A
§212.52 Public involvement.
ASSIGNMENT 16B
The public shall be allowed to participate in the designation of National Forest System roads,
National Forest System trails, and areas on National Forest System lands and revising those
designations pursuant to this subpart. Advance notice shall be given to allow for public
comment, consistent with agency procedures under the National Environmental Policy Act, on
proposed designations and revisions. Public notice with no further public involvement is sufficient
if a National Forest or Ranger District has made previous administrative decisions, under other
authorities and including public involvement, which restrict motor vehicle use over

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the entire National Forest or Ranger District to designated routes and areas, and no change is
proposed to these previous decisions and designations.
ASSIGNMENT 16C
Absence of public involvement in temporary, emergency closures—
(1) General. Nothing in this section shall alter or limit the authority to implement temporary,
emergency closures pursuant to 36 CFR part 261, subpart B, without advance public notice to
provide short-term resource protection or to protect public health and safety.

(2) Temporary, emergency closures based on a determination of considerable adverse effects.

If the responsible official determines that motor vehicle use on a National Forest System road
or National Forest System trail or in an area on National Forest System lands is directly
causing or will directly cause considerable adverse effects on public safety or soil, vegetation,
wildlife, wildlife habitat, or cultural resources associated with that road, trail, or area, the
responsible official shall immediately close that road, trail, or area to motor vehicle use until
the official determines that such adverse effects have been mitigated or eliminated and that
measures have been implemented to prevent future recurrence. The responsible official shall
provide public notice of the closure pursuant to 36 CFR 261.51, including reasons for the
closure and the estimated duration of the closure, as soon as practicable following
the closure.
MindTap Supplementary Exercises: Answers
ASSIGNMENT 1
The answer to this assignment will depend on state law.
ASSIGNMENT 2
The Truth in Lending Act, 15 U.S.C.A. §1601 et seq.
ASSIGNMENT 3
20 U.S.C.A. §1070D-31 et seq. Found in the USCA Index under COLLEGES AND UNIVERSITIES—
Robert C. Byrd Honors Scholarship Program.

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ASSIGNMENT 4
18 U.S.C.A. §3584 establishes limitations on consecutive sentences. Found in the USCA Index
under CRIMES AND OFFENSES—Consecutive sentences, limitations.
ASSIGNMENT 5
Instructor’s Note: In order to properly complete this assignment, students should look up the
term holographic in a law dictionary.
ASSIGNMENT 5A
The statute applies to written wills, including holographic wills, which are wills handwritten by
testators.
ASSIGNMENT 5B
The witnessing requirements are set forth in §15-11-502(1)(c). This section provides that two
individuals must sign the will prior to or after the testator’s death. They must sign within a
reasonable time after they witness, in the conscious presence of the testator, either the
signing of the will or the testator’s acknowledgment of his signature or acknowledgment of
the will. Section 15-11-1-502(2) provides that a holographic will does not have to be
witnessed.
ASSIGNMENT 5C
A holographic will is valid if the signature and material portions of the will are in the testator’s
handwriting.
ASSIGNMENT 5D PART 1
In order to determine if the will is valid under Subsection (1) of the statute, additional
information is necessary. Subsection (1)(c) provides that the witnesses must sign within a
reasonable time after they witnessed, in the conscious presence of the testator, either the
testator signing the will or the testator’s acknowledgment of that signature or
acknowledgment of the will. The witnesses did not see Joan sign the will; they witnessed it the
next day. However, the testator may have acknowledged her signature or acknowledged the
will the next day when the witnesses saw it. If this occurred, then under Subsection (1)(c), the
will would have been validly witnessed. Therefore, this additional information is necessary to
determine whether the will is valid.

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ASSIGNMENT 5D PART 2
Additional facts are needed to answer this question. The facts state that Joan wrote and
signed the will. Did she handwrite it or type it? A holographic will is a will written by the
testator in his or her own hand. Assuming the signature and material portions of the will are
written in Joan’s handwriting, then the will is valid under Subsection (2) of the statute and
does not require witnessing.
ASSIGNMENT 6
The answer to this assignment will depend on state law.
ASSIGNMENT 7A
Section 18-732, Burglary—Elements
1. A person knowingly (that is, intentionally)
2. enters unlawfully or remains unlawfully after a lawful or unlawful entry
3. in a building or occupied structure
4. with intent to commit a crime in the building or structure
5. against another person or property.

Section 18-760, Robbery—Elements

1. A person knowingly (that is, intentionally),
2. takes anything of value
3. from the person or presence of another
4. by use of force, threats, or intimidation.

Section 18-773, Larceny—Elements

1. A person wrongfully takes, obtains, or withholds, by any means,
2. from the possession of the owner or any other person
3. money, personal property, or article of value of any kind,
4. with intent permanently to deprive another person of the use and benefit of the
property.

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driveway, where the youth was standing. “Give me that money this
instant, or I will thrash you within an inch of your life; do you hear?”
“Take care, sir!” Clifford returned with an emphasis that caused
the man to pause involuntarily, while his dark eyes flashed with a
dangerous light.
He stepped back a pace or two and folded his arms tight across
his chest, as if to restrain the surging passion within him, which he
feared might get the better of him.
“Take care, sir!” he repeated, “you have ‘thrashed me within an
inch of my life’ for the last time, and I mean what I say, Squire
Talford. I have been your bond-slave for four long, weary years; ever
since my mother who, when she was dying and thought she was
making a wise provision for me, signed a paper which made you my
‘master’ until I should be seventeen years of age, which, thank God,
will be just one month from to-day. I do not need to rehearse to you
what that bondage has been. You know as well as I do that my lot
has been that of a serf, that I have been made to do the work of a
man; yes, and in some instances, like to-day, for example, that of
two men, during most of that time. For this I have received my
board, lodging, and clothes—such as they are,” he interposed, his
scornful glance sweeping over his coarse garment.
“I have served you faithfully, patiently, and you know it,” he
resumed, “not because of any personal regard or respect that I have
entertained for you, or of fear of your many unjust ‘thrashings,’
but”—his tone softening and faltering slightly—“because my mother
taught me to obey, always, the golden rule, to suffer wrong rather
than commit a wrong, and, once having made a contract, to abide
by it to the letter. This, sir, is the reason why you see yonder hay-
field as it is”—with a gesture indicating the white-capped cocks at
which he had labored so hard that afternoon. “Much of that hay
would have been soaked by the rain had not duty bidden me to do
unto my neighbor as I would be done by, and so I did my utmost to
save it. Now, sir, having done my best for you to-day and always, I
am in no mood to have you lay so much as your finger upon me in
anger.”
The man and the youth stood looking straight into each other’s
eyes for one long, silent minute, the man noting the broad, square
shoulders, the muscular limbs, and dauntless air of the figure before
him. Then he stepped back a pace or two with an impatient shrug.
“Well, have you done?” he questioned, with a sneer, but his face,
even to his lips, was white with repressed passion.
“Yes, sir.”
“Then be off and attend to your chores,” was the stern command.
“Pat can do the chores to-night, sir. I think I have done enough for
one day,” was the quiet but decided response, and the young man
turned coolly away, walked around to a side door, entered the house,
and mounted to his room.
Throwing himself into a chair he dropped his head upon his table
with a sense of weakness and weariness such as he had seldom
experienced. The reaction had come, and he realized that the
excitement of the last few hours, especially of the last few moments,
had taken more out of him than a week of ordinary work would have
done.
“The end is near,” he muttered, “and I hail its coming, for I am
afraid that I could not much longer keep my promise to my mother
and remain in the service of that tyrant.”
He sat thus for, perhaps, fifteen minutes. Then, lighting a candle,
he opened the precious wallet and proceeded to count its contents.
His face took on a look of wonder as he laid out, one by one, the
various bills and noted their denomination. He had not counted upon
such generosity, even though he had realized that the purse was
crowded to its utmost capacity.
“Seven hundred and fifty-four dollars!” he exclaimed in
astonishment, as he laid the last coin upon the table. “Surely I must
be dreaming! But no, these crisp fives, tens, two twenties, three
fifties, besides the gold and silver, tell their own story. But oh! it
does seem too good to be true! And now my first act must be to put
it where it will be safe. Give it to Squire Talford, indeed! Never! It
would be the last I should ever see of it. I will take it to Professor
Harding. He will advise me what to do with it.”
After replacing the money in an orderly manner in his wallet, he
arose and proceeded to change his clothes, dressing himself with
great care.
 CHAPTER III.
PRETTY HEIRESS PLEADS FOR CLIFFORD.

Clifford Faxon was really a striking-looking young man when

arrayed in his best, which is by no means saying very much for his
clothes, which were of the cheapest material.
But with his gentlemanly bearing, his clear, honest brown eyes,
and frank, genial face, he was one who always attracted a second
look from those whom he met.
One might have taken him for a son and heir of the squire, rather
than a menial in his employ, as he issued once more from the house.
“Well, sir, where are you going now?” demanded Squire Talford,
who was still sitting upon the veranda, and whose musings
regarding his relations with his bound boy had not been of the most
soothing nature during the last half-hour.
He well knew that, when Clifford’s time should expire, he would
find it no easy matter to fill his place with another so capable and
faithful, and he was irritated beyond measure over the probability of
having to hire another man and pay full wages for what he had been
getting for little or nothing during the last four years.
“I have an engagement with Professor Harding—it is my evening
for reading Greek and Latin with him,” Clifford respectfully replied,
and then proceeded on his way, apparently unmindful of the
customary “humph!” to which his employer always gave vent
whenever anything annoyed him.
When Clifford was obliged to leave the academy in April, according
to the terms of his contract with Squire Talford, the principal had
expressed a great deal of disappointment, for he would have
graduated with high honors if he could have remained until the close
of the school year, but his hard master would not give him the two
months to complete the course. “The farm work must be done and
Clifford could not be spared,” he coldly told the professor, who had
presumed to intercede for his promising pupil. So the boy had been
obliged to go into the field to plow, hoe, and dig, while his more
favored classmates went on in advance of him and graduated.
But Professor Harding was determined that the boy’s education
should not be interrupted, and told him that he would give him
certain evenings in every week during the summer, and, if he could
complete the course before fall, he should have his diploma, even
though he could not acquire it in the ordinary way.
Clifford gladly availed himself of this opportunity, for his highest
ambition was to prepare himself for and obtain a college education.
As he wended his way toward his teacher’s house his heart was
beating high with hope, in spite of the weariness of his body, for,
since counting the money in his possession, he had conceived the
daring purpose of taking the examinations for Harvard for the
coming year.
Professor Harding greeted him, as he always did, with a smile of
pleasure, for he liked the plucky, manly boy.
“You are late to-night, Cliff,” he remarked, as he entered. Then,
observing, that he was a trifle pale, he inquired: “Is anything wrong,
my boy?”
Tears sprang involuntarily to the boy’s eyes at the kindly tone and
smile; but, quickly repressing all signs of emotion, he seated himself
and gave his friend a brief account of what had occurred, and closed
by producing the munificent testimonial which he had received from
the passengers of the “limited express” for preventing a terrible
accident.
“I have brought this money to you, Professor Harding,” he
observed, as he laid it upon the table before his friend, “to ask if you
will invest it for me until I need it? It is my nest-egg for college, and
I am going to take the exams. this fall.”
 “Seven hundred and fifty dollars, Cliff!” the man exclaimed, in
surprise; “that is surely a handsome gift, but it is far too little for the
service you have rendered—that could never be estimated in dollars
and cents. Why, the corporation ought to give you a thousand more
for saving their property from being wrecked.”
“I am more than satisfied,” said Clifford, with a smile.
“But I am afraid you are a trifle presumptuous to contemplate
entering college on so small an amount,” said his friend gravely. “The
expenses will be heavy, you know. I feel sure you will pass the
exams. all right, but I am thinking of the draft upon your strength
later on if you try to work your own way.”
“I am going to try it, all the same,” said Clifford, his face
brightening at the assurance of his teacher that he would “pass.”
“This money will surely suffice for one year with economy, and
that will give me quite a start, while I am sure I do not need to tell
you that I shall make the most of my time.”
“Indeed, you do not—you have always done that, ever since I
have known you, but I wish you had some friends who could give
you a lift along the way now and then. Have you no aunts or uncles?
Do you remember your father, Cliff, or know anything about his
family?” the professor thoughtfully inquired.
“No, sir,” said the boy with a sigh, “my mother would never talk
about my father. Whenever I questioned her she would always put
me off by saying, ‘Wait until you are older, my son, and then I shall
have something to tell you.’”
“And did she leave no papers to explain what she meant?”
“No; at least, none that I could ever find.”
“Well, there will be some way provided for you, I am sure,” said
the professor. “I will gladly take charge of your little fortune until you
need it. I will see that it is safely invested for you to-morrow. Does
the squire know about it?”
 “Yes, and demanded it of me, because I am still under bonds,”
replied Clifford, with a flash in his eyes.
“Demanded it!” repeated his companion, in surprise.
“Yes,” and the young man repeated, word for word, what had
passed between himself and his task-master upon his return from
New Haven.
“Well, I must say he is a hard man, and I cannot understand how
any one as rich as Squire Talford is supposed to be can be so
penurious and indifferent to so promising a fellow as you are, my
boy!”
“Thank you,” responded Clifford, with a laugh, “I am certainly
fortunate in having so kind a friend as you have always been to me,
and now”—opening one of his books—“I am ready for my lesson.”
He read for an hour, becoming so absorbed in his work that he
forgot his weariness and the trials of his young life, while his teacher
followed with a manifest interest, which betrayed how deeply his
feelings were enlisted in this pupil, who was so ambitious and such a
credit to him.
Before 10 o’clock Clifford was back in his own room, where, on his
table, he found an appetizing little lunch awaiting him. Until that
moment he had forgotten that he had had no supper.
“Well,” he said, as he sat down to it, “I surely have one other good
friend besides the professor. Maria always looks out for me; I am
sure I should often go hungry but for her.”
Maria was Squire Talford’s woman-of-all-work. Less than half an
hour later he was sleeping soundly and restfully, the consciousness
of duty well done and a more promising outlook for the future
sweetening his rest.
“Papa—please papa, do as I ask you; you are very rich, are you
not?”
 “Well, yes, Buttercup, I suppose I am what would be regarded as
a rich man, even here in New York.”
“Then you can send this poor boy some money, just as well as
not. Only think, papa, but for his bravery and the awful work that he
did in that dreadful storm, there must have been a terrible accident,
and I should never have come back to you, to say nothing about all
those other people.”
“Hush, Goldenrod! I cannot bear that you should even hint at such
a calamity; the house—the world would be utterly desolate without
you. What would ten thousand fortunes be to me if I should lose
you! Yes, Mollie, I will send this lad a substantial token of my
gratitude, if I find he is worthy and likely to make a good use of
money. I must be sure of that first,” and Richard Heatherford
gathered the slim, graceful form of his only darling into his arms and
held her close to his heart, while his eyes rested with tearful
fondness upon the fair, flushed face that was lifted so earnestly to
his.
She was his idol—this sweet, golden-haired, azure-eyed maiden,
whom he had named Marie for his French mother, but whom he
almost invariably addressed by some other tender pet-name,
expressive of his fondness for her, while to her playmates and school
friends she was known by the familiar name of Mollie.
She was sweet and lovable, always blithe and cheery, the life of
the house, and a favorite with all who knew her.
Mr. Heatherford had met her in New York on her arrival on “the
Limited,” and, the train being, of course, a little late, he was in a
state of painful suspense until it rolled into the station, and he held
his darling safe in his arms. When the two were seated in their
elegant carriage behind a fine pair of bay horses, with driver and
coachman in cream-white livery, and on their way uptown, Mollie,
sitting beside her father with his arm enfolding her, had told the
story of the thrilling experience of the afternoon, while the man’s
face had grown as white as chalk, as he realized how very near he
had come to losing his choicest earthly treasure.
Mollie had begged him then to send that brave boy “a lot of
money,” but, for the time being, he did not pay much heed to her
request. He could think of nothing, talk of nothing, but his
thankfulness over her wonderful escape from an appalling doom. But
the following morning, when, after breakfast, she followed him to
the library and renewed the subject, he was more ready to listen to
her, and finally yielded to her request to do something handsome for
the lad, provided he found, upon inquiry, that he was worthy.
“Oh, he is certainly worthy, papa,” Mollie asserted with
enthusiasm, “you never saw a nicer face than his. He isn’t handsome
or stylish, like Phil, you know”—with a little mocking laugh—“but he
has a pair of great, earnest brown eyes which make you feel good
just to look into. His face is as brown as a nut—all but his forehead,
which is white and high and nicely shaped like yours, papa dear,”
and she emphasized her statement with a fond little caress planted
directly between his brows. “He had no hat on,” she resumed; “he
was in his shirt sleeves and wore overalls, and his shoes were as
coarse and clumsy as they could be; but I never thought of his
clothes after once looking into his face—it was so good, so honest,
and true.”
“Really, sweetheart, you are very enthusiastic over this rustic hero
of yours,” said Mr. Heatherford, and smiling at her earnestness, “but
I cannot wonder, now that I begin to realize something of the feat
that he accomplished.”
“And papa”—Mollie went on, now blushing and speaking with
some embarrassment, “when we reached New Haven I went to him
and thanked him for what he had done, and—I gave him that ring
you let me buy last spring.”
“What! that cameo?”
“Yes; you know I wanted to give it to Cousin Rex when he went to
California, but his mother had just given him a nice ring, and so I
bought him something else and kept the cameo. I have always liked
it, for it was so beautifully carved; so, even though it isn’t exactly a
lady’s ring, I have worn it, now and then, myself. I happened to
have it on yesterday.”
Mr. Heatherford laughed aloud with amusement.
“Well, well, Buttercup! So you gave it to this young Faxon—I
believe you said that is his name—as a souvenir! Of course, my
darling, I do not care anything about the ring, but what on earth will
your rustic hero do with it? He certainly will not want to wear it with
overalls and brogans, and if he has a particle of sentiment in his
composition, he would never think of realizing money on it when it
was presented under such romantic circumstances.”
“Well, papa, I’m afraid it wasn’t the most appropriate gift in the
world,” said Mollie, a shadow falling over her bright face, “but I just
had to do something to show him how grateful I was, personally,
and he certainly looked as if he was glad to be appreciated.”
“Never mind, dear,” said her father comfortingly. “I will write to-
day and make some inquiries, and if I find he is all right, I will do
something handsome for him. Let me see—you said that he told
some of the gentlemen aboard the train he wanted to go to
college?”
“Yes, he said that he had nearly finished his course in the
academy of the town where he lives, and was going to try to work
his way through college,” Mollie replied. “Just think of it, papa!” she
went on earnestly, “and it doesn’t seem fair, does it? There is Phil,
who really doesn’t care particularly about having a college course,
only it is the proper thing, and so he is going to Harvard in
September, and he has every wish gratified—plenty of money, fine
clothes, and lots of good times; and here is this poor boy, without
any one but himself to depend upon, and he is going to work his
way through! It is a queer world, isn’t it?” she concluded, with a sigh
of perplexity.
 “There, there; don’t bother your pretty head about it, Goldenrod;
it is a problem you will never solve,” said her father, stroking her
shining head with a caressing touch; “go and do your reading for
mama, while I write my letter and get the matter off my mind.”
“But to whom will you write?” queried Mollie.
“I think I will address my letter to the principal of the academy; he
will probably be able to tell me more about this young seeker after
knowledge than any one else.”
And the gentleman proceeded to put his plan into immediate
execution. He wrote a brief but comprehensive epistle, addressing it
to the “Principal of the Academy, Cedar Hill,” telling him that he
wished to show his appreciation of young Faxon’s heroic act in some
practical way, and asking his advice regarding the best method of
doing this.
He gave no name, as he said he preferred to remain incog, and
not hamper the lad with any sense of obligation, but that any
communication sent to a certain lock box in New York would reach
him. He stated that an immediate reply was desired, as he was on
the eve of going abroad.
Professor Harding’s face glowed with genuine pleasure when he
received the letter the next morning, for now he saw that it would
perhaps be practicable for his protégê to enter college. He replied
immediately, giving a brief history of Clifford Faxon’s life and
circumstances, speaking of him in the highest terms, and claiming
that any assistance rendered him in his efforts bestowed, and in
behalf of the boy, in whom he was deeply interested, he thanked his
unknown correspondent most heartily for his kind intentions.
A day or two later there came to Clifford a cashier’s check for a
thousand dollars, made payable to himself, and with it a few
sentences of hearty appreciation of his recent act, and also of
encouragement for the future.
But the donor and writer was anonymous.
 CHAPTER IV.
CLIFFORD FAXON’S VOW.

Clifford regarded himself as the most fortunate fellow in the world

when this generous gift was received.
“Was anybody ever so lucky before! I am sure an ax was never so
effectively wielded!” he exclaimed, his face radiant with happiness,
as he discussed the gift of his unknown benefactor with his teacher.
“Now, my education is assured, Professor Harding, and if I don’t win
a scholarship, now and then, to help me out, it will not be for lack of
energy and industry.”
“Cliff! what an ambitious fellow you are!” said his friend, smiling at
his enthusiasm, “but if you set out to win a scholarship I feel pretty
sure that you will get it.”
“Thank you. Now, another important point upon which I would like
your judgment—do you agree with me in my preference for
Harvard?”
“Yes, I think so,” replied the professor. “If I should consult my own
pleasure, however, I suppose I should say go to Yale; for then I
could see you frequently, and perhaps help you over a hard place
now and then; but as I am a Harvard man myself, and it is also your
choice, I will be loyal to my alma mater and say go there.”
“Then Harvard it will be,” said Clifford, “and as for the rough
places, why, I can write you when I come to them.”
Again Professor Harding smiled, for he knew the boy well enough
to feel sure that he would master all difficulties without any
assistance from him, for he had seldom known him to seek aid, if, by
any means, he could conquer by his own efforts. Thus the college
question was settled.
 Meantime he was to work out his contract with Squire Talford—
until September 1st—when the professor said he must come to him
and spend the remainder of the time, before the beginning of the
school year, in preparing for his examinations, and he would not
“thrash” but coach him “within an inch of his life.”
Our young hero was jubilant over the prospect before him. His
daily tasks seemed but play to him; he was up with the lark, and
worked with a will until sunset, and, after supper, improved every
moment until bedtime conning his books.
“You are a born mathematician,” his teacher remarked to him one
evening, after giving him some intricate problems to test his
knowledge, “and I have not the slightest fear for you in
mathematics; but you are still a trifle behind in Greek and Latin, and
so we will devote the most of our time to those branches,” and at
this hint of his deficiency Clifford worked along those lines with
redoubled diligence.
He had found himself very popular after his heroic deed became
known to the public, but he bore his honors with exceeding modesty,
and had but little to say about the affair. Glowing accounts of it had
been published in both the New Haven and local papers. Professor
Harding had been interviewed, and had spoken in the highest terms
of commendation of his pupil, while, as Squire Talford and his
peculiarities were well known, there appeared more than one strong
hint regarding the hard life which the boy had led during the four
years of his bondage with him.
According to the conditions of the contract which the squire had
made with Mrs. Faxon, Clifford was to receive twenty-five dollars in
money and a suit of new clothes on the day when his time expired.
The contemplation of this approaching expenditure of money made
the wretched miser—for he was nothing else, when it came to
putting out his dollars for other people—cross and miserable, and he
racked his brain for some excuse by which he could evade his
obligation.
 He broached the subject to Clifford one evening about a week
previous to the expiration of his time.
“I suppose you’re bound to go the first of the month?” he
remarked, with evident embarrassment, for he had felt very
uncomfortable in the lad’s presence ever since he had so boldly
faced him and freely spoken his mind.
“Yes, sir; my time will be up one week from to-night.”
“Couldn’t you be persuaded to sign for a couple of years longer, if
I’d agree to do better by you?”
The youth flushed crimson, and a peculiar gleam leaped into his
eyes at the proposition; but, instantly putting a strong curb upon
himself, he quickly responded:
“I think not, sir; I have made my plans to go to college, and I do
not care to change them.”
“What good will a college education do you?” the man demanded,
with an ill-concealed sneer; “you won’t have a penny when you get
through, and, if you’re aspiring to a profession, there’ll have to be
another four years’ course atop of that.”
“I am not looking beyond the college course just now, sir; when I
have accomplished that I feel sure that the way will be opened for
me to choose and fit myself for my future.”
“Humph! perhaps you imagine you’re going to have windfalls all
along the route,” was the sarcastic rejoinder, “but, if you do, let me
tell you, you will find yourself mightily mistaken.”
Clifford made no response to this thrust, and after an interval of
silence the squire abruptly resumed:
“How about that twenty-five dollars that I was to pay you when
your time was up and the new suit?”
“Why,” said Clifford, lifting a look of astonishment to the man’s
face, “of course, I expect that the conditions of the contract will be
fulfilled.”
 “Oh, you do! Why, money has been pouring in upon you so fast of
late you can afford to buy your own clothes,” said the squire, with an
uneasy hitch in his chair and a frown of displeasure.
Clifford’s face flamed an indignant red, and it seemed to him as if
he must give vent to the scorn which sent the hot blood tingling
through every nerve in his body.
“Squire Talford,” he said, after a moment spent in trying to control
himself, “I have no wish to say anything to you that I shall ever
regret, but, truly, I should suppose that your self-respect would
prevent you from suggesting anything so penurious and dishonest,
after the four years of faithful service that I have given you,
especially when you take into consideration the fact that I have
never been decently clad during all that time, nor had a dollar of
spending-money, except what I have myself earned by picking
berries in their season, and doing odd jobs for other people after my
regular work was done. No, sir, I shall not purchase my own suit. I
feel that I am justly entitled to all that the contract calls for, and I
shall demand its fulfilment.”
“Oh, you will, will you!” was the rasping retort, while the man was
white with rage.
“Certainly, and it is little enough—far too meager for one of my
age to have to start out in life with. But I suppose my poor mother
was too ill to realize what scant provisions she was making for me,
though I presume she trusted to your humanity and honesty to at
least provide suitably for me during the four years I was to live with
you.”
“Ha, ha, ha!” laughed his companion viciously, and with peculiar
emphasis. “Your poor mother, perhaps, realized more than you seem
to imagine she did; she was glad enough to get you housed in a
respectable home, without being too particular about the
conditions.”
Clifford sprang erect, stung to the soul by the insinuating tone and
words of his companion.
 “What do you mean, sir?” he demanded, in a voice that shook
with suppressed anger. “What is it that you mean to imply in
connection with my mother, who was one of the purest and loveliest
of women?”
“Oh, nothing—nothing!” retired the squire, with a sinister smile,
“only it is pretty evident that she never told you much about her
early life, while—ahem!—if I’m not mistaken, you never saw your
father, did you?”
“No,” and now Clifford was deathly white and his eyes wore a
hunted look, as a terrible suspicion flashed into his mind. “Oh, what
do you mean?”
“Well, perhaps it will be just as well for your peace of mind, my
aspiring young man, if you don’t get too inquisitive,” the man
retorted maliciously. “I can tell you this much, however: Your
mother, Belle Abbott, as she was known in her younger days, was
one of the handsomest girls I ever saw; but she was a—coquette;
she had more beaux than you could shake a stick at, and she got
her pay for it in the end.”
“Did you know my mother when she was a girl?” queried Clifford,
with a look of astonishment.
“I should say I did,” was the grim response.
“And—my father also?” said the youth eagerly.
“Ahem! I had that honor,” sneered the squire. “But about that suit
of clothes,” he added, rising and abruptly changing the subject. “If
you insist upon it, why, I suppose I shall have to get them. I’ll step
in to see Black, the tailor, to-morrow morning and talk the matter
over with him.”
But Clifford had been too highly wrought up to care much about
clothes or anything else in connection with his contract. His curiosity
had been excited to the highest pitch, and he was determined to
learn something about the father whom he had never known—about
whom his mother would never talk—if it was possible—to wring any
information from his companion, who, he realized, was determined
to torment him to the last point of endurance.
“Who was my father? Tell me what you know about him!” he
exclaimed, also springing to his feet and placing himself in the
squire’s path.
The man regarded him silently for a moment, an evil expression in
his cold, gray eyes; then a smile that made Clifford shiver relaxed his
thin, cruel lips.
“Who was your father?” he repeated, with cold deliberativeness;
“he was a treacherous rascal, if there ever was one, and it is no
credit to you that he was your father; and if you were ten years
older I should say that he had come back to haunt me! Tell you
about him!” he continued, in a terrible tone. “I’ll tell you this much—
I hated him; I still hate him as few people have the power to hate,
and if you are wise you will never mention him in my presence
again, for I might forget myself and wreck my vengeance upon you.”
He turned abruptly as he concluded and entered the house,
without giving Clifford time to protest or ask another question. The
boy, left alone, sank back into his chair, cold chills creeping over him,
his heart burdened with tantalizing fears and suspicions. The squire
had called his father a “treacherous rascal.”
In what, he wondered, had he been treacherous and
dishonorable? Why was it no credit to him—his son—that he was his
father?
Surely, it seemed to him now, in the light of this interview, as if
the squire had been continually wreaking his hatred of his father
upon him during the four weary years that he had lived with him.
But what had caused this hatred? What did it mean?
What was the reason that his mother had always been so reticent
upon the subject. She would never talk with him about his father or
her early life, and always appeared so distressed and excited
whenever he questioned her that he was forced to desist.
 Once, however, she had told him, and only a short time before she
died, that if she should be taken from him before he was eighteen
years of age, he might open a certain box, which she had always
kept locked, and read some letters and papers which he would find
in it.
But when that time came—when, after his wild grief over his
irreparable loss was somewhat spent, he went to look for these
papers, they were gone—the box was empty.
Whether she had shrunk from having him see them and learn of
some great sorrow—perhaps shame—that had evidently preyed
upon her mind for years, and had destroyed them, or whether they
had been stolen from her, he could have no means of knowing.
Evidently Squire Talford was, in a measure, posted upon certain
facts connected with the early life of both his father and mother, and
it was just as evident that he intended to keep him in the dark
regarding them; whether because they were of any real importance,
or because he simply wished to torment him because of his avowed
hatred, he could not tell.
What rankled most bitterly in his heart was the man’s taunt that it
would be better for his peace of mind if he was not too inquisitive.
Clifford was extremely proud and sensitive, and it galled him
almost beyond endurance to have it insinuated that there might be
some stigma resting upon his birth and upon his dear mother’s
honor.
But no; he did not believe that could be possible, and he resented
the suspicion as soon as it took form in his thought, for he felt sure
that his pure, gentle, and refined mother had never knowingly done
wrong. If she had been deceived, the sin was not hers, but
another’s.
He sat in his room that night for a long time meditating upon
these things, but growing more wretched and perplexed the more he
considered them.
 “Well, I can help nothing,” he said, at last, throwing back his head
with an air of conscious rectitude; “I am what I am; I can gather
nothing definite from Squire Talford’s miserable insinuations. I may
not even be entitled to the name I bear, but I know that I will make
it one that a son of mine—if I should ever have one—will be proud
to own.”
And with that worthy determination he resolutely drove the
subject from his thoughts by burying himself in his books, and when
he finally retired to rest he fell into as sound and refreshing slumber
as if he had not a care in the world.
 CHAPTER V.
A DARING TRICK.

The morning following the interview between Squire Talford and

Clifford, the former repaired to the establishment of the tailor, where
he was accustomed to have his clothing made, to have a talk with
the man regarding the “freedom suit” which the contract demanded
for his “bound boy.”
He inquired Mr. Black’s price for making; then he asked to see the
goods, with the intention of selecting the very cheapest he had in
stock.
But Mr. Black informed him that he had worked up everything so
close he really hadn’t anything on hand suitable for a young man like
Clifford, but he was expecting a fresh invoice that very afternoon,
and would send him samples as soon as they came.
“Very well,” said the squire; “and as I have to have a new suit for
myself this fall, send along something that will do for me also, and I
will give you both orders at once.”
Mr. Black promised he would do as requested, and then the squire
went about other business; and about half an hour before tea-time
that afternoon a boy appeared at Squire Talford’s door, with the
promised samples.
His ring was answered by the maid of all work, or perhaps the
housekeeper would be the more proper term, for Maria Kimberly had
been a member of the squire’s household for upward of fifteen
years. She was a widow, and her maiden name was Barnes. She had
come there a girl in her teens, about two years after the marriage of
the squire, and for six months had been under the training of his
wife. Then she had married and gone away to a home of her own;
but, being left a widow before she had been a wife a year, she had
returned to the service of Mrs. Talford, whom she loved and served
most faithfully as long as she lived, and, being competent in every
respect, had acted as housekeeper for the squire ever since her
death, which had occurred about five years previous.
She was a shrewd, practical, commonplace person, but possessing
quick sympathies and a kind heart, and from the day that Clifford
had come into the house she had befriended the bright, but lonely,
boy, growing more and more fond of him as the years went by, and
she had slyly shown him many a favor and made many a rough
place smooth for him.
Now, when she saw the tailor’s boy at the door with the package
in his hands, she instantly surmised the nature of his errand, for she
had overheard some of the conversation regarding the “freedom
suit.”
Always feeling herself a privileged person in the house, and being
especially interested in this matter, she calmly unfolded the parcel
and proceeded to examine its contents.
“H’m,” she breathed, after adjusting her glasses and testing the
quality of the various samples, “some of ’em are fair to middlin’, and
some of ’em you could shoot peas through; of course, he will buy
the cheapest suit for him; he won’t give the boy a decent suit if he
can help it. I’ve half a mind to show ’em to Cliff and see what’d be
his choice.”
She stood a moment considering the matter, then she deliberately
slipped the package into her pocket and returned to the kitchen,
where she had been busy getting supper when the bell had
interrupted her operations.
A few minutes later Clifford came in from the shed, bringing a
huge armful of wood, which he packed neatly in the wood-box
behind the stove, taking care to make no litter to offend Mrs.
Kimberly’s keen eyes, for the woman was neatness personified, and
would not tolerate the slightest disorder in her immaculate domains.
 “My, how good those biscuits smell!” the youth observed
appreciatively, as Maria opened the oven door to take a look at the
snowy puffs inside.
“Wait till you get a nibble at ’em,” said the woman, with a satisfied
nod of her head; “and I’ve got a turnover for you, too. I had some
apple and a little dough left over when I was makin’ the pies this
mornin’,” she added, lifting a kindly look to his face.
“Then you should call it a leftover instead of a turnover,” said
Clifford, laughing. “You are always doing something nice for me,
Maria. I’m afraid you have spoiled me with your dainties, and I shall
miss them when I go to Cambridge, and have to be satisfied with
what I can get in some third-rate boarding-house.”
“There ain’t no fear that anybody’ll ever spoil you,” returned Maria,
with significant emphasis; “but I own I am consarned about your
digestion bein’ spoiled by the poor cookin’ in them dreadful boardin’-
houses. But come here,” she continued, drawing him to a window
and taking something from her pocket with a mysterious air, “if you
were goin’ to have a new suit which o’ these pieces of cloth would
you choose?”
“Ah! some samples!” exclaimed the boy, an eager look on his face.
“Did the squire tell you to show them to me?”
“Never you mind what the squire told me to do, I just want to see
what kind o’ judgment you will show in your selection,” Mrs.
Kimberly responded, with a knowing air.
Clifford examined the various slips in silence for several moments,
and finally separated two from the others.
“This is a pretty style of goods,” he remarked, holding up one of
them, “but rather light, perhaps, for fall and to be serviceable; the
other mixed goods I like almost as well.”
“Yes, and it’s a better cloth, too—the best in the lot,” interposed
his companion; “it’s close and firm, and would do you good service.”
 “Well, then, if I am allowed to choose, I’ll take it,” said Clifford;
“and, yes, on the whole, I believe I shall like it better than the
other.”
“All right,” observed Maria, hastily gathering up the samples and
returning them to their wrapper as she caught the sound of a latch-
key in the front door. She slipped them back into her pocket.
Later, when she was serving the squire at his solitary meal, she
laid the package from the tailor before him, curtly remarking:
“Here’s somethin’ a boy brought for you this afternoon.”
The squire removed the wrapper and examined its contents.
Finally separating two of the samples from the others, he laid them
beside his plate, and tossed the remainder into a waste-basket that
stood under a desk behind him, and the sharp eyes of Maria
Kimberly observed that one of the selected samples was the very
piece which Clifford had chosen, while the other was the coarsest,
ugliest goods among the lot.
“Goin’ to have a new suit, squire?” she briefly inquired, with a
curious gleam in her eyes.
“Yes, I need a new fall suit, and Cliff has got to have one, too;
how will this do for him?” and the man passed the shoddy up to her.
“Humph! you might shoot peas through it,” she said, with a
scornful sniff, and using the same expression as when she had
examined the cloths by herself.
“Not as bad as that, I reckon; but it will have to do for him,” said
the man coldly. “This is better goods, and I think I’ll have my suit
made from it. What do you think of it?” and he held it out to her.
There was a bright spot of red on the woman’s cheeks and a
resentful gleam in her eyes as she took it.
“This is something like, but t’other ain’t worth the thread ’twould
take to make it up,” she said, with considerable asperity.
 “It will have to do,” was the curt response, and the man resumed
his interrupted supper, while the housekeeper vanished into the
kitchen.
She threw herself into a rocker and began swaying herself back
and forth with more energy than grace, muttering now and then,
and nodding her head angrily in the direction of the dining-room
door. She continued this until the squire rang his bell to signify that
he had finished his meal, when she returned to the other room and
began to gather up the dishes.
Suddenly she paused, as her glance fell upon the two samples,
that still lay beside the squire’s plate, he having forgotten to take
them when he arose from the table.
“It’s a pesky shame!” she muttered indignantly. “He hain’t a soul in
the world but himself to spend his money on, and he’s got a tarnel
sight more’n he knows what to do with. I sh’d think he’d be
ashamed to give the boy a suit like that.”
She picked up the samples and fingered them nervously. Then she
noticed that a tag bearing a printed number was pinned to each.
These numbers corresponded to those on the list that had been sent
with the samples, and against each of which the price of the goods
was carried out, but this list the squire had tossed into the waste-
basket with the discarded samples.
“’Twould serve him right,” the woman thoughtfully muttered, with
a vicious gleam in her eyes and a backward glance over her shoulder
toward the veranda, where she knew the squire was sitting absorbed
in his evening paper. The next minute she had changed the tags on
the goods!
“Mebbe ’twon’t amount to anythiny, but I’ll resk it, and if I git
caught I’ll pay for it out o’ my own pocket,” she whispered; “that boy
desarves the best that can be had, and I only hope that fortune’ll
favor the trick.”
Then she laid the samples on the squire’s desk, where she thought
he could not fail to see them when he sat down to it, after which she
went back to her work, a curious smile wreathing her thin lips.
An hour later Squire Talford lighted the student-lamp and turned
to the table for his samples, for he was about to write his order to
the tailor.
Of course, he did not find them, and, going to the door leading
into the kitchen, he inquired:
“Maria, where are those pieces of cloth I left on the table at
supper-time?”
The woman was paring apples for the morrow’s baking.
“I put ’em on your desk,” she replied, in a matter-of-fact tone, but
with her mouth full of apple and a very red face, too, if he could but
have seen it.
“Oh!” said the squire, with an inflection which intimated that he
might have known where they were if he had stopped to think. He
found them, and, seating himself at his desk, he wrote his order to
the tailor.
The following is an exact copy of his letter when it was finished:

“Cedar Hill, August 24, 18—.

“Abel Black, Esq.
“Dear Sir: Samples received and examined. You can
make a suit for me from goods numbered 324. Use
416 for a suit for Clifford Faxon—will send him to be
measured to-morrow afternoon. Make his first and at
once, as he must have it by September 1. My
measurements you already have.
“Respectfully yours,
“John C. Talford.”
 After taking an impression of the above, as he did of every letter
he wrote, he sealed, addressed, and stamped it; then went out into
the balmy summer night for his habitual stroll and smoke before
going to bed.
A few minutes later Maria Kimberly, whose ears had been on the
alert, stole softly into the dining-room and approached the writing-
desk.
Her eyes gleamed with an exultant light as she saw the letter
addressed to the tailor and the pieces of cloth shoved one side as of
no further use.
“Cliff, my boy, fortune favors you for once, and no mistake,” she
said. “If he’d sent them pieces o’ cloth along with his letter Mr. Black
would ’a’ found out that they’d been meddled with, and you’d had to
wear that measly old shoddy. I’ll jest die a-laughin’, though, when
the squire’s suit comes home, but it’ll serve him right,” she
concluded, with a chuckle of malicious glee.
Then with dexterous fingers she changed the tags on the samples
back to their original places, after which she put them carefully away
in a drawer of the desk, in case they should ever be wanted again,
as she felt sure they would.
The following afternoon Clifford was sent to the tailor to be
measured for his suit, and as he was a favorite with Mr. Black—as,
indeed, he was with every one who knew him—that gentleman took
great pains to have every measurement exact, and secretly resolved
that the boy should have a suit of clothes that would do him credit,
even among the stylish collegians at Harvard.
He was told that they would be ready for him the following
Saturday evening.
Friday night ended Clifford’s four years’ servitude with Squire
Talford, and, after packing his few belongings, he had an interview
with the man, received the stipulated twenty-five dollars, and took a
respectful leave of him.
 His heart was light. He suddenly felt like a different being as he
put the money away in his pocket and realized that he was—free!
The only regret he experienced was in the thought of leaving
Maria, and the woman broke down and cried heartily when he
stepped into the kitchen to say “good-by” to her.
“Oh, Cliff!” she sobbed, as she grasped both his hands, “you’re the
only being I’ve really loved since Sam and Mrs. Talford died. I can’t
bear to have you go, for your bright face and cheery ways have
helped me through many a lonely day. But I’m glad for you—I’m
downright glad, for I know you’re goin’ among your equals, and that
you’ll get to be a man to be proud of. But I shall miss you—I’ll miss
you more’n you’ll ever know,” and the tears streamed like rain over
her flushed cheeks.
“Why, Maria!” exclaimed the boy, astonished and also deeply
touched to see her so overcome, “I had no idea you would care so
much about my going. I shall miss you, too, and your many
kindnesses, to say nothing about your fine doughnuts, fluffy biscuit,
glorious pies, and the ‘leftover,’” he added, with a cheery laugh. “But
I’m not going to forget you by any means. I shall always come to
see you when I have a vacation.”
“Will you now—sure?” the woman exclaimed eagerly and in a
grateful tone.
“I certainly will, and”—with a roguish twinkle in his handsome
eyes—“when I get through college, if I am ever fortunate enough to
have a home of my own and you are at liberty, I will give you an
invitation to come and preside over my culinary department.”
“Do you mean it, honor bright, Cliff?” demanded Maria,
straightening herself and looking him wistfully in the face.
“Of course I mean it, and would consider myself mighty lucky to
get you,” he earnestly returned.
“Then shake on it,” said the woman, holding out one hard, red
hand, while with the other she wiped away her tears, “and there
ain’t the least shadow of a doubt but I’ll be at liberty when you want
me.”
Clifford gave her a cordial grip; then, with a last good-by, he went
away to Professor Harding’s home, where he was to remain until
college opened; but he left a gleam of sunshine behind him that
warmed and cheered Maria Kimberly’s lonely heart for years.
 CHAPTER VI.
CLIFFORD GOES TO COLLEGE.

Upon his arrival at Professor Harding’s home Clifford received a

most cordial welcome, and was at once made to feel that he was
one of the family, and the atmosphere of peace and refinement of
which he had always been conscious in connection with this
household was most congenial to him.
The next day was spent in discussing plans for the future, laying
out the work he was to do before the school year opened, and also
in making himself useful to Mrs. Harding in a way that won him an
even warmer place than he had yet occupied in her heart.
Saturday evening the much anticipated new suit was sent to him,
and was duly admired by the whole family.
“Really, Cliff, the squire for once has done the handsome thing,”
remarked the professor, as he critically examined the suit. “This is a
fine piece of cloth, and everything is first-class.”
“Yes, sir, and I am very much pleased,” Clifford heartily responded,
little dreaming to what strategy he owed his fine feathers.
The next morning he dressed himself with great care for church,
feeling an unusual pride in his linen, and a thrill of gratitude as well,
for Maria had made him some fine shirts and polished them to the
last degree with her own hands.
When he came forth from his room he looked every inch the
gentleman, and many an eye rested admiringly upon him as he
walked down the aisle with the professor’s family and took his seat
in their pew.
Squire Talford, not being a church-going man, was not there to
observe the change which new linen and fashionably cut garments
had made in his bound boy, and he did not once dream of the
practical joke that had been played upon him until the following
Tuesday, when his own suit came home.
Accompanying it was a note from the tailor, which read thus:

“Dear Sir: I fear you have made a mistake in the

selection of cloth for your suit. I cannot quite
understand it, as heretofore you have ordered fine
goods; but as your instructions were explicit I have
done the best I could and hope you will be satisfied.
“Respectfully yours,
“Abel Black.”

The squire looked perplexed as he read the letter, which, with the
bill, had been enclosed in an envelope and slipped under the string
which bound the box that contained the suit.
He, however, proceeded to inspect its contents, and the moment
his glance fell upon the coarse, rough cloth and he comprehended
the situation a furious exclamation burst from him. He snatched the
garments from the box and threw them angrily upon a chair.
“The fool!” he snarled, “he has made the biggest blunder of his life
—he has made up for me the cloth I ordered for that boy, and, I
suppose, has given him a suit of that fine piece of goods. Blast the
man! but he shall pay dearly for it. He will never do another stitch of
work for me. The idea, to pretend to think that I would wear cloth
like this! He must have known better. And yet,” referring to the letter,
“he says he is afraid that ‘I made a mistake in my selections, but
that my directions were explicit.’ Oh, no, Abel, my friend, you can’t
shove the blame off upon me in any such way; I always keep a copy
of my letters, and I’ll soon prove to you that this is none of my
doing.”
He went to his letter-press, drew forth his book, and turned back
to the date on which he had ordered the two suits. After reading it
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