The Science Fiction anthology. Andre Norton
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So Skrrgck, an obliging fellow at heart, tried first to get it back, but this proved impossible, for he had sold the building to the Aldebaranian Confederacy for use in its annual “prosperity fiesta.”
The dominant culture of the Aldebaranian system is a descendant of the “conspicuous destruction” or “potlatch” type, in which articles of value are destroyed to prove the wealth and power of the destroyers. It was customary once every Aldebaranian year—about six Terran—for the Aldebaranian government to sponsor a token celebration of this destructive sort, and it had purchased the Merchandise Mart from Skrrgck as part of its special celebration marking the first thousand years of the Confederacy.
Consequently, the building, along with everything else, was totally destroyed in the “bonfire” that consumed the entire fourth planet from the main Aldebaranian sun.
Nor was Skrrgck able to arrange the return to Terra of the occupants of the building, some 20,000 in number, because he had sold them as slaves to the Boötean League.
It is commonly thought slavery is forbidden throughout the Galaxy by the terms of Article 19 of the Galactic Compact, but such is not the case. What is actually forbidden is “involuntary servitude” and this situation proved the significance of that distinction. In the case of Sol v. Boötes, the Galactic Tribunal held that Terra had no right to force the “slaves” to give up their slavery and return to Terra if they did not wish to. And, quite naturally, none of them wished to.
It will be remembered that the Boöteans, a singularly handsome and good-natured people, were in imminent danger of racial extinction due to the disastrous effects of a strange nucleonic storm which had passed through their system in 1622. The physiological details of the “Boötean Effect,” as it has been called, was to render every Boötean sterile in relation to every other Boötean, while leaving each Boötean normally capable of reproduction, provided one of the partners in the union had not been subjected to the nucleonic storm.
Faced with this situation, the Boöteans immediately took steps to encourage widespread immigration by other humanoid races, chiefly Terrans, for it was Terrans who had originally colonized Boötes and it was therefore known that interbreeding was possible.
But the Boöteans were largely unsuccessful in their immigration policy. Terra was peaceful and prosperous, and the Boöteans, being poor advertisers, were unable to convince more than a handful to leave the relative comforts of home for the far-off Boötean system where, almost all were sure, some horrible fate lay behind the Boöteans’ honeyed words. So when Skrrgck showed up with some 20,000 Terrans, the Boöteans, in desperation, agreed to purchase them in the hope of avoiding the “involuntary servitude” prohibition of Article 19 by making them like it.
In this, they were spectacularly successful. The “slaves” were treated to the utmost luxury and every effort was made to satisfy any reasonable wish. Their “duties” consisted entirely of “keeping company” with the singularly attractive Boöteans.
Under these circumstances it is, perhaps, hardly surprising that out of the 20,101 occupants, all but 332 flatly refused to return to Terra.
The 332 who did wish to return, most of whom were borderline psychotics, were shipped home, and Boötes sued Skrrgck for their purchase price, but was turned down by the Galactic Quadrant Court on the theory of, basically, Caveat Emptor—let the buyer beware.
The Court in Sol v. Boötes had held that although adults could not be required to return to Terra, minors under the age of 31 could be, and an additional 569 were returned under this ruling, to the vociferous disgust of the post-puberty members of that group. Since there was apparently some question of certain misrepresentations by Skrrgck as to the ages or family affiliations of some members of this minor group, he agreed to an out-of-court settlement of Boötes’ claim for their purchase price, thus depriving the legal profession of further clarification of the rights of two “good faith” dealers in this peculiar sort of transaction.
The Terran people, of course, were totally unsatisfied with this result. Led by some demagogues and, to a milder degree, by most of the political opposition to the existing Terran government, and reminded of certain actual examples from Terra’s own history, many became convinced that some form of nefarious “brainwashing” had been exercised upon the “unfortunate” Terran expatriates. Excitement ran high, and there was even some agitation for withdrawal from the Galactic Union.
Confronted with such unrest, the Terran government made efforts to reach some settlement with Boötes despite the decision of the Court in Sol v. Boötes, and was finally able to gain in the Centaurian Agreement a substantial reparation, it being specifically stipulated in the Agreement that the money was to be paid to the dependents who suffered actual financial loss.
In a suit against the Terran government by one of the excluded families, to obtain for that family a share of the reparation, the validity of the treaty, as it applied to exclude the suing family and others in like position, was upheld by the United States Supreme Court.
The suit was begun before the Agreement had been ratified by the General Assembly, and the Court indicated that the plaintiff would have lost on the strength of a long line of cases giving the World President certain inherent powers over the conduct of foreign affairs. Since, however, the matter came up for decision after ratification, the Court said that the “inherent powers” question was moot, and that the Agreement, having been elevated to the status of a treaty by ratification, must be held valid under the “Supremacy of Treaties” section of Article 102 of the United Terran Charter.
Although this failed to satisfy the Terran people—and their anger may have contributed to the fall of the Solarian Party administration in the following election—the Treaty is generally considered by students of the subject as a triumph of Solarian diplomacy, and an outstanding example of intergalactic good faith on the part of Boötes.
Of course, neither the demagogy nor the anger could hide forever the true facts about how the Boöteans were treating their “slaves,” and when the true facts became known, there was a sudden flood of migration from Terra to Boötes, which threatened to depopulate the Solarian Empire and drown Boötes. The flood was quickly dammed by the Treaty of Deneb restricting migration between the two systems. This treaty was held to be a valid police-powers exception to the “Free Migration” principle of Article 17 of the Galactic Compact in Boleslaw v. Sol and Boötes.
All this left Skrrgck with liabilities of some forty million credits and practically no assets. Like most Altairians, he was a superb thief but a poor trader. The price he had received for the Merchandise Mart and the “slaves,” while amounting to a tidy personal fortune, was less than half the amount of the claims against him, and due to an unfortunate predilection for slow Aedrils and fast Flowezies, he only had about half of that left.
Skrrgck, who had by this time apparently developed a love of litigation equal to his love of thievery, used part of what he did have left in a last effort to evade liability by going into bankruptcy, a move which was naturally met with howls of outrage by his creditors and a flood of objections to his petition, a flood which very nearly drowned the Federal District Court in Chicago.
It would be difficult to imagine a more complex legal battle than might have taken place, nor one more instructive to the legal profession, had