Free Space Lawyer by Mike Jurist Page B

of time or the failure of the legislature to provide for all contingencies has vitiated the plain intent of the specific provisions. The appeal in the instant case comes within the broad equities of such interpretation. It is true that Section 348 of the Space Code is specific in its wording and provides for no exceptions. But it must be asked, what was the intent of the Interplanetary Commission? Obviously to safeguard individuals and corporations from any encroachment on the right of privacy. A private wave length, officially registered, is as much a private right, as any primitive telephone, wire, or stamped and sealed letter.'
    Kerry took a breath and plunged on while his audience of two just goggled.
    " 'Nevertheless,' " he continued quoting, " 'consider the facts. The appellee's ship was in distress on the Earth-Moon run. A leak had developed. It was losing air fast. The ship operator sent out a signal of distress. In his excitement, he sent it on the private length assigned to the appellee, instead of on the standard wave. The defendant-appellant, also on the Earth- Moon run, noted through his telescope the erratic course of the appellee's ship. He heard the faint buzz of the private message. Assuming that an emergency had arisen, and acting in good faith, he tuned in on the private length. He heard the call for help and hurried to the rescue. He saved the ship and saved its crew from death by asphyxiation.
    " 'Now the plaintiff, in defiance of all gratitude, sues the defendant for infringement of Section 348. Judicial notice may be taken by this Court that the purpose of the plaintiff is to offset and preclude a pending claim for salvage on the part of the defendant. The plaintiff does not come into court with clean hands. The Legislative never intended this section to cover such a manifest perversion of justice. It is plain that the question of good faith must be involved. The defendant acted in good faith. The judgment of the lower Court in favor of the plaintiff-appellee must accordingly be reversed, and judgment rendered for the defendant-appellant, and costs assessed in his favor in the lower Court and on appeal.' "
    Kerry took another breath. "You will find the decision reported in the Interplanetary Reporter, Volume 991, Pages 462 to 478 inclusive."
    Sparks gulped. "You ain't ribbing me, sir?"
    "If Mr. Dale tells it to you," Jem said severely, "it's so, down to the last dotting of the i's."
    "But . . . but I ain't ever heard o' that," Sparks still protested. "And according to what you say, that there judge wrote that more'n a hundred years ago."
    "Sure it's an old case, and of course you never heard of it. Even among lawyers very few have. The precise matter just never happened to come up again. But it's there, and it's law. It's never been overruled."
    Sparks shook his head. "I still don't see—"
    "The whole point is one of good faith. We hear a call out in the veritable wilds of space. There shouldn't even be a ship out here. Suppose, say we, that ship's in trouble. Suppose the operator lost his head, the same as the fellow did in that old case ofBerry versus Opp. We listen in, just to make sure. All in good faith. After we've heard enough to know we've made a mistake, that he's not introuble, we cut off."
    A wide grin split Jem's face. "And meanwhile we can't help it if we heard things. Kerry Dale, you've got a head on your shoulders."
    "We-ell!" said Sparks, half-convinced.
    "Hurry up!" Kerry was getting impatient. "They'll be off the waves before you get around to it."
    Five minutes later Sparks was wiping his brow. "Damned if it ain't a distress call," he said huskily. "That's the Flying Meteor, Captain Ball commanding."
    "Holy cats!" exclaimed Jem. "My old ship! What's Ball doing all the way out here?"
    " Our old ship," corrected Kerry. His face wore a thoughtful frown. "Iron Pants Ball doesn't lose his head so easily. He's trying to raise Planets or some other Kenton ship instead of sending out a