We will open the gates of our city to those who deserve to enter, a city of smokestacks, pipe lines, orchards, markets and inviolate homes. We will act as the rallying center for such hidden outposts as you’ll build. With the sign of the dollar as our symbol – the sign of free trade and free minds – we will move to reclaim this country once more from the impotent savages who never discovered its nature, its meaning, its splendor.
Those who choose to join us, will join us; those who don’t, will not have the power to stop us, hordes of savages have never been an obstacle to men who carried the banner of the mind.”
- from John Galt’s radio speech, shortly before the collapse of the United States, as described in the book "Atlas Shrugged" by Ayn Rand
**********
Jim Halstead walked slowly up the dirt lane leading up to the farm house of Judge Narragansett, dreading his news. Why Chief Danneskjold always sent him, he did not know, but he agreed to be a policeman, he was paid to be a policeman, and if that meant running errands, then run errands he would. Not for the first time, though, he wished that someone who knew anything about telephones would come to Galt’s Gulch.
The Judge had seen him coming, and met him on the porch. “Don’t bother me, don’t bother me, don’t bother me!” he started in petulantly. “I’ve said it before, there’s not enough business to expand right now!”
Patiently, Jim inwardly sighed and prepared himself for a further outburst. “Sir, the problem is that a third judge has accepted Mr. Galt’s radio invitation. This one has sworn the same oath the other two did. And he wants to go into the judging business here. And unlike the other two, he’s not budging, he’s insisting.”
Judge Narragansett turned purple. “Insisting, is he? There’s only one judge needed for a community this small, and that judge is me. We start having a variety of judges running around, and it’d be anarchy! The other two realized that, he’ll just have to realize it, too!”
Jim nodded, then said quietly, “Well, sir, he seems to feel that since you wrote that line in the Constitution, about not abridging production or trade, that he has a right to practice any trade he likes.”
“Oh, he does, does he?” snarled Narragansett. “And how would it would be if anytime someone didn’t like my verdict, they could just choose him as a judge instead? We all know about my proverbial fairness, but how about his? What if he starts letting everyone off with a light sentence?”
“Begging your pardon, sir”, replied Jim, “but that’s besides the point. The guy has rented out an office above Hammond’s Grocery Store, and is advertising that he is in business. Chief Danneskjold thought you should know.”
“Why what the hell are we paying him for, if not to stop this kind of thing!”, exclaimed the Judge. “I’m going down to Hammond’s now, and put a stop to this!” And with that the Judge started down to the small collection of stores that made up the downtown of Galt’s Gulch, with Officer Jim Halstead trailing behind bemusedly.
Mr. Hammond was sweeping the front entrance of his store when Narragansett came storming up, Jim in tow. “What’s the idea, what’re you trying to do to me?” yelled Narragansett. Mr. Hammond said stiffly, “I’m sure I don’t know what you mean, but I’ll thank you to keep a civil tongue in your head when speaking to me. I didn’t leave one group of bureaucrats just to be talked to this way by another self-appointed gang.”
“Gang?”, said Narragansett, “Why I’ll have you know that I was elected to this position, same as Chief Danneskjold, same as Mayor Galt! And I’ve every right to expect the citizen’s cooperation in keeping law and order going!”
Mr. Hammond snorted. “Elected. Yeah. Funny how there was that influx of starving workers just before the election. Funny how they all swore the oath as fast as Midas got them into his new apartments. And funny how the slate that Midas backed won by a landslide.”
“Are you implying…” began Narragansett, but Mr. Hammond overrode him.
“I’m not implying anything, I’m flat out saying it was a put up job. And I never agreed to your Minarchy anyway, so what do I care about how many others do? I think Galt needs to re-read his own speech. Meanwhile, I rented out my own office space. That’s my right. I believe you’re the fellow who penned that in to the Constitution. So if you want to go see Judge Smith, go see him, otherwise, leave me be.” And with that Mr. Hammond went back to his sweeping.
Judge Smith looked up calmly from his desk as Judge Narragansett stormed in, Officer Halstead nervously hovering in the doorway waiting on an invite. “I remember hearing from Mrs. Galt”, said Judge Smith mildly, “about how when she was waiting to speak to Ken Dannager, she was stopped simply by a shut door. I see that tale made little impression on you. Now state your business briefly, or leave, I’ve work to do.”
“You’ve no work to be done here, but finding another vocation, Mister Smith.” Began Judge Narragansett. “That and taking down that preposterous sign out there claiming that you’re a ‘Judge For Hire’. There’s only one judge in these parts, the one elected, and that’s me!”
Judge Smith pondered this. It had been a time of great recent hardship, and the memory of the months after the collapse, the loss of his family to the bands of looters and cannibals had aged him. As had the trek across the nation dodging other gangs, and trying to find food from looted and burnt out stores, or futilely trying to glean food from barren fields, or set crude traps that worked just barely enough to get him to this part of Colorado. At that he’d been but 120 pounds of his former 180 pounds of college football physique.
He’d been nervous to learn that they’d made a new government here, and had not been entirely reassured by the overly strenuous promises of the fairness of the new bill of rights that apparently the man before him had wrote up all on his own. But nor had he relished resuming his trek.
Removing his glasses, he rubbed his nose, looked up and said, “Judge Narragansett, I took the oath. I meant the oath. I was a judge before, for thirty years, and I see no need to learn a new profession. I don’t entirely like that you have a government, but I was pleased that you put in that clause about freedom of trade. I am trading my services as a judge to any who wish. And before you burst in, I was preparing for some upcoming cases from those who apparently do wish my services.”
“What!”, screamed Judge Narragansett. “Who? What are their names? Any cases should have been brought to me, at my home, Monday through Friday when I deal with such matters!”
“I won’t be giving you their names”, said Judge Smith, “Though I imagine you’ll learn of them eventually. And my hours include Saturdays and Sundays, and I’m right here in town, and I don’t divide my attention with farming as you choose to. Perhaps those were considerations.”
“And perhaps these cases are against Mr. D’Anconia, and they are hoping for a more favorable verdict from a stranger, unfamiliar with our unique situation here!”, retorted Judge Narragansett. “Well, it won’t work! Any workers with a complaint about unsafe conditions can come to me, or quit if they think it’s that bad. These aren’t the days where the government can run roughshod over the industrialists!”
“Are they the days where they can run roughshod over the workers?” said Judge Smith. “Those men were promised safe conditions, they feel the contract was broken – after the fourth death of their fellow workers they felt this. Do they not have a right to seek an enforcement of the contract that D’Anconia freely signed with them? ”
“I knew it!”, yelled Judge Narragansett. “I dismissed that case in a summary judgment just last week! This is illegal and immoral!”
“Actually”, said Judge Smith, “These are two other men. Perhaps they feared a similar result if they took it to you. Perhaps you having dinner at D’Anconia’s house so often concerns them. Or perhaps his hefty donations to your campaign was what made them nervous. In any case, they’ve asked me to judge, and as that is my trade, I am going to exercise my freedom of trade – you know, that you said you’d make no law to abridge.”
Judge Narragansett was growing increasingly apoplectic. Officer Halstead feared he’d have a heart attack, and it was well known that Dr. Hendricks had declared that he’d not be treating any “government bastards” just last month when General Wyatt of the Army had come in with a fractured ankle from scouting about the outlying towns for refugees that might be of use in the Valley.
“You misunderstood that amendment.”, Judge Narragansett said through gritted teeth. “Free trade and production does not include police, or military or the courts. Those have to be run by the government, otherwise it would be anarchy.”
“So plain English does not mean plain English?”, asked Judge Smith. “’Make no law against freedom of production and trade’ now means ‘make some laws’ against ‘some trades’? And what of the oath? I am to live my life for you now, by refraining from offering any competition or choice to the others?”
“Without the government handling court, there’d be no objective law!” said Judge Narragansett, looking smug. But his smile faded when Judge Smith calmly replied, “Objective law does not come from the barrel of your gun, it comes from free men freely dealing with each other in the free market.”
“Oh, I see!”, snarled Judge Narragansett. “But it can come from your gun?”
“Unlike you, I have no gun.”, replied Judge Smith. “But I see you have brought yours. Come in, Officer Halstead is it?” “Yes, sir.”, replied Jim hesitantly. “And I’m just here to keep the peace, I work for a Minarchic government, we don’t initiate force.”
“I’m sure you don’t, son.”, said Judge Smith. “However, you may wish to check on some of your premises, as I’ve a feeling you’ll be called on to do so soon enough. Right, Judge?”
Narragansett purpled. “It is you who is initiating force, by…” “By working my trade?”, interrupted Judge Smith. “By working a trade that belongs only to the government!” yelled Narragansett. “Arrest him!”
Jim winced. Chief Danneskjold had warned him this might happen. And had explained to him how as a Minarchic government policeman, he had to uphold the law, and that the law was emphatically the province and duty of the Minarchic courts – Judge Narragansett – to say. He had not been sure that was right, but nor did he wish to have to work D’Anconia’s mines like some of the other refugees did.
“Sir…Judge”, he amended hastily as Narragansett glared at him, “I am not sure how I can arrest him, he’s not hurting you, and you’re in his office.”
“He’s judging cases, when only the government gets to do that, isn’t he? That’s initiating force against our whole collective!”
“Collective, Judge?” asked Jim.
“Town, town, you know what I mean! I was elected, he wasn’t, I have the right to work my trade without ruthless predatory dog eat dog competition and he…”
“Doesn’t get to work his trade?” finished Jim. “You wish me to arrest him as he takes freedom of trade seriously? I’m sorry, I can’t do that.”
“Oh, you can’t, can you?” said Judge Narragansett. “Then when I’ve talked to your Chief, we’ll see about finding a policeman who knows to follow orders. And you can try and find work elsewhere, and see how far you get!”
Jim shook his head sadly, “I don’t doubt that will be hard. But I cannot initiate force against a man. That’s not the oath I swore.”
At that point, Chief Danneskjold came in. “Relax, Jim, don’t quit just yet. Judge Narragansett, cool down. Um, ‘Judge’ Smith, is it? So you’re the young fellow who’s been causing all this fuss?” The Chief paused though, as he just noticed that Judge Smith was not as young as he had first seemed. His eyes were old, as only those who had been outside the Valley during the collapse could be.
Judge Smith said, “Chief, apparently Judge Narragansett thinks I’ve initiated force. He wants me arrested.”
The Chief said, “Well, let’s see if we can’t avoid that. You’ll agree that you wish things to be peaceful and prosperous here?”
Judge Smith nodded.
“Can you tell me how having two competing judges makes for peace? Like this case you think you have, how are you planning on having Mr. D’Anconia agree to let you judge it?”
“Chief, that will be up to him.” said Judge Smith. “Most men like to have their side heard. He may come and present his side, or send a representative. Or decline to say his peace. If so, I’ll rule based on the facts I have.”
“And if those facts say he is guilty?” asked the Chief.
“Then I’ll assess what reparations he owes, and let the men know.”
“And if he does not pay?”, asked the Chief, almost purring now.
“Then the men may choose to gain that reparation by their own efforts, or that of other men, specifically hired for the occasion. Perhaps your own Officer Halstead, if he is soon to be seeking new employ.”
“But that’s anarchy, and that would be force initiation, you see that, don’t you?” asked the Chief.
“Anarchy, yes, force initiation, no. In this hypothetical, it would be D’Anconia declining to have a dispute settled peaceably by a neutral party.”
“But what makes you a neutral party?”, asked the Chief. “Maybe D’Anconia does agree with settling disputes peaceably, but trusts Narragansett more than you.”
“Then he can say so. And we can all get together – Judge Narragansett, I, the two plaintiffs and D’Anconia, and work out a way agreeable to us all.”
“And if that can’t be, if there is no agreement?”, asked the Chief.
“It would depend on why there was no agreement.”, responded Judge Smith. “If one party is insisting it only be his way, while the other parties are willing to compromise, then that would mean one thing. Or perhaps it would be vice versa. There’ll be time enough to tell when we’re talking it out.”
“But if there’s no agreement, for whatever reason, what then?” asked the Chief.
“Then the meeting is over. If either party is paying either or both of us, then each of us can still judge. We’ll publish our decisions, and that’s that.”
“Case closed?” asked the Chief.
“As far as I and the other judge are concerned. True, the two I might rule in favor of will then be seeking their reparations. And the one that Narragansett may rule in favor of may defend thinking he is right. If the thought of protracted violence and retribution upon retribution bothers any of the three, I imagine it will encourage them to work out an arbitration agreement that they can all grit their teeth and live with.”
“You don’t think it would be better to simply have one man make a final decision, and definitely avoid that possible bloodshed?” asked the Chief.
“So that the two can be told to go to hell, and the one who has the judge over to dinner can be upheld? How does that avoid bloodshed? The way I propose, there is every incentive for the three to work together to find a peaceful way to settle this. Under what you propose, there is every reason for some to walk away feeling left out, disenfranchised and put upon. Which prompts a man to violence faster? An agreement he freely made even though he grits his teeth, or a proclamation issued arbitrarily that he is told to do and shut up about it?”
“I’ve heard enough.”, said the Chief. “This comes from my old dreams of being a philosophy teacher. I let the student argue too much. Now it’s time to show you force with a mind behind it – Halstead, arrest him!”
“But sir, neither you nor Judge Narragansett have explained why he can’t work his trade, he’s not actually hurting anyone!”, said Jim.
And drawing his gun, Chief Danneskjold said, “You must decide, do you follow orders, or not?” Jim not making any move either way, looked like a deer in the headlights. He did not wish to initiate force, but he did not wish exile. In a minute, the Chief got tired of waiting, asked, “Mines or exile, Jim?” at which point Officer Halstead reluctantly arrested “Judge” Smith.
Judge Narragansett gave him a fair and neutral trial, and they exiled Mr. Smith to a bleak and barren wilderness that Mr. Smith suddenly saw as much more hospitable than he had before. Probably for Dr. Hendricks, Mr. Hammond, and fifteen others from the Valley leaving their jobs and joining him to seek a freer place to live in peace.
The two miners died later that week in a copper mine strike gone violent, their widows brought suit, and Judge Narragansett found in favor of his friend D’Anconia. When next a former judge showed up in town, he heard of the tale, and was wise enough to “voluntarily” choose to shovel manure at Dwight Sanders hog farm. Six weeks later, having seen how the minarchy worked, he slipped away one night with four others tired of Judge Narragansett’s brand of “objective law”.
