We left New York Saturday night by the Pennsylvania road. After breakfast the next morning we went into the parlour-car, but found it a dull place and dreary. There were but few people in it and nothing going on. Then we went into the little smoking compartment of the same car and found three gentlemen in there. Two of them were grumbling over one of the rules of the road--a rule which forbade card-playing on the trains on Sunday. They had started an innocent game of high-low-jack and had been stopped. The Major was interested. He said to the third gentleman:
'Did you object to the game?'
'Not at all. I am a Yale professor and a religious man, but my prejudices are not extensive.'
Then the Major said to the others:
'You are at perfect liberty to resume your game, gentlemen; no one here objects.'
One of them declined the risk, but the other one said he would like to begin again if the Major would join him. So they spread an overcoat over their knees and the game proceeded. Pretty soon the parlour-car conductor arrived, and said, brusquely:
'There, there, gentlemen, that won't do. Put up the cards--it's not allowed.'
The Major was shuffling. He continued to shuffle, and said:
'By whose order is it forbidden?'
'It's my order. I forbid it.'
The dealing began. The Major asked:
'Did you invent the idea?'
'What idea?'
'The idea of forbidding card-playing on Sunday.'
'No--of course not.'
'Who did?'
'The company.'
'Then it isn't your order, after all, but the company's. Is that it?'
'Yes. But you don't stop playing! I have to require you to stop playing immediately.'
'Nothing is gained by hurry, and often much is lost. Who authorised the company to issue such an order?'
'My dear sir, that is a matter of no consequence to me, and--'
'But you forget that you are not the only person concerned. It may be a matter of consequence to me. It is, indeed, a matter of very great importance to me. I cannot violate a legal requirement of my country without dishonouring myself; I cannot allow any man or corporation to hamper my liberties with illegal rules--a thing which railway companies are always trying to do--without dishonouring my citizenship. So I come back to that question: By whose authority has the company issued this order?'
'I don't know. That's their affair.'
'Mine, too. I doubt if the company has any right to issue such a rule.
This road runs through several States. Do you know what State we are in now, and what its laws are in matters of this kind?'
'Its laws do not concern me, but the company's orders do. It is my duty to stop this game, gentlemen, and it must be stopped.'
'Possibly; but still there is no hurry. In hotels they post certain rules in the rooms, but they always quote passages from the State law as authority for these requirements. I see nothing posted here of this sort. Please produce your authority and let us arrive at a decision, for you see yourself that you are marring the game.'
'I have nothing of the kind, but I have my orders, and that is sufficient. They must be obeyed.'
'Let us not jump to conclusions. It will be better all around to examine into the matter without heat or haste, and see just where we stand before either of us makes a mistake--for the curtailing of the liberties of a citizen of the United States is a much more serious matter than you and the railroads seem to think, and it cannot be done in my person until the curtailer proves his right to do so. Now--'
'My dear sir, will you put down those cards?'
'All in good time, perhaps. It depends. You say this order must be obeyed. Must. It is a strong word. You see yourself how strong it is.
A wise company would not arm you with so drastic an order as this, of course, without appointing a penalty for its infringement. Otherwise it runs the risk of being a dead letter and a thing to laugh at. What is the appointed penalty for an infringement of this law?'
'Penalty? I never heard of any.'
'Unquestionably you must be mistaken. Your company orders you to come here and rudely break up an innocent amusement, and furnishes you no way to enforce the order! Don't you see that that is nonsense? What do you do when people refuse to obey this order? Do you take the cards away from them?'
'No.'
'Do you put the offender off at the next station?'
'Well, no--of course we couldn't if he had a ticket.'
'Do you have him up before a court?'
The conductor was silent and apparently troubled. The Major started a new deal, and said:
'You see that you are helpless, and that the company has placed you in a foolish position. You are furnished with an arrogant order, and you deliver it in a blustering way, and when you come to look into the matter you find you haven't any way of enforcing obedience.'
The conductor said, with chill dignity:
'Gentlemen, you have heard the order, and my duty is ended. As to obeying it or not, you will do as you think fit.' And he turned to leave.
'But wait. The matter is not yet finished. I think you are mistaken about your duty being ended; but if it really is, I myself have a duty to perform yet.'
'How do you mean?'
'Are you going to report my disobedience at headquarters in Pittsburg?'
'No. What good would that do?'
'You must report me, or I will report you.'
'Report me for what?'
'For disobeying the company's orders in not stopping this game. As a citizen it is my duty to help the railway companies keep their servants to their work.'
'Are you in earnest?'
'Yes, I am in earnest. I have nothing against you as a man, but I have this against you as an officer--that you have not carried out that order, and if you do not report me I must report you. And I will.'
The conductor looked puzzled, and was thoughtful a moment; then he burst out with: