its way to the U.S. Supreme Court. Mel pointed out: "The total damages awarded were less than four hundred dollars---the value of the dead chickens."
He added, "There was no pot of dollars for the farmer, nor is there---in that legal precedent---for you."
Mel could see Elliott Freemantle, his face alternately crimson and white with rage. Ned Ordway was once more holding the lawyer by the arm.
"There is one legal case," Mel observed, "which Mr. Freemantle has chosen not to mention. It's an important one---also involving a Supreme Court ruling---and well known. Unfortunately for Mr. Freemantle, it doesn't support his arguments, but runs counter to them."
The case, he explained, was Batten v. Batten in which, in 1963, the Supreme Court ruled that only an actual "physical invasion" created liability. Noise alone was not enough.
Mel continued, "Another ruling, along the same lines, was Loma Portal Civic Club v. American Airlines---a 1964 decision of the California Supreme Court." In this, he reported, the Court ruled that property owners were not entitled to restrict the flight of aircraft over houses near an airport. Public interest in continuance of air travel, the California court laid down, was paramount and overwhelming...
Mel had quoted the legal cases unhesitatingly, without reference to notes. Clearly his audience was impressed. Now he smiled. "Legal precedents are like statistics. If you manipulate them, you can prove anything." He added, "You don't have to take my word for what I've told you. Look it up. It's all on record."
A woman near Elliott Freemantle grumbled at him, "You didn't tell us all that. You just gave your side."
Some of the hostility directed at Mel earlier was now being transferred toward the lawyer.
Freemantle shrugged. After all, he decided, he still had more than a hundred and sixty signed retainer forms, which he had been careful to transfer to a locked bag in the trunk of his car. Nothing that was said here could undo the fact of those.
A moment or two later he began to wonder.
Mel Bakersfeld was being asked by several people about legal contract forms which they had signed this evening. Their voices betrayed doubt. Obviously Mel's manner, as well as what he said, had made a strong impression. The crowd was dividing into small groups, most in animated discussion.
"I've been asked about a certain contract," Mel announced. Within the crowd, other voices silenced as he added, "I think you know the contract I mean. I have seen a copy of it."
Elliott Freemantle pushed forward. "So what! You aren't a lawyer; we've settled that once before. Therefore you're no authority on contracts." This time Freemantle was close enough to the microphone for his words to carry.
Mel snapped back, "I live with contracts! Every lessee in this airport---from the biggest airline to a headache pill concessionaire---operates under a contract approved by me, and negotiated by my staff."
He swung back to the crowd. "Mr. Freemantle points out, correctly, that I am not a lawyer; so I'll give you a businessman's advice. In certain circumstances the contracts you signed tonight could be enforceable. A contract is a contract. You could be taken to debtor's court; the money might be collected. But my opinion is that, providing you serve proper notice immediately, neither thing will happen. For one thing, you have received no goods; no service has been rendered. For another, each of you would have to be sued separately." Mel smiled. "That, in itself, would be an undertaking.
"One more thing." He looked directly at Elliott Freemantle. "I do not believe that any court would look favorably on a total legal fee in the region of fifteen thousand dollars for legal service which, at best, was nebulous."
The man who had spoken earlier asked, "So what do we do?"
"If you've genuinely changed your mind, I suggest that today or tomorrow you write a letter. Address it to Mr. Freemantle. In it, state that you no longer want legal representation as arranged, and why. Be sure to keep a copy. Again, in my opinion---that's the last you'll ever hear."
Mel had been blunter than he at first intended, and he bad also been excessively reckless, he supposed, in going quite this far. If Elliott Freernantle chose, he could certainly make trouble. In a matter in which the airport---and therefore Mel---had active interest, Mel had interposed between clients and lawyer, casting doubt upon the latter's probity. Judging by the hatred in the lawyer's eyes, he would be delighted to do any harm to Mel he could. Yet instinct told Mel that