The Common Law

ark had turned green; then, in a single day, the entire Park became lovely with golden bell-flowers, and

grackle bustled busily about, and the water fowl quacked and whistled and rushed through the water nipping and chasin

erwauling on back fences made night an inferno; pigeons cooed a

open windows gazing into the blue above, or, with, pretty, inscrutable eyes, studied the pa

etropolis moulted its overcoats, and the derby became a burden, and the an

ssly caught the ball of conversation tossed

say so every year; so does the majority of people. And the majority will continue saying

r a hundred years the majority has pronounce

ll always centre. This year it happens to be José Querida who stems the sparkling mediocrity and sticks up from the bottom gravel making a fine little swirl. Next year-or next decade it may be anybody-you, A

good-humouredly to the others, and went out with that quick, grace

blet of claret at a single gulp, "it's all right for Kelly Neville to shed sweetness and

ilvy, looking sideways out of the wind

"He works hard

" grumbled Burleson, "b

rel works hard," observed Ogilvy-"i

e and his symmetrical feature

a molasses barrel to do wit

my back window in the country, yesterday, I observed one of my hens scratching

all!" roared Burleson

sculptor and a Unitaria

"what's that got to do wit

o, under provocation, never exhibited any emotion except impatient wonder at the foolishness of others, em

r that Byzantine Theatre," he said in his honest, reso

ate hand over his pale

xception, the most gi

d Ogilvy. "I have known more gif

What's the matter

tting, Sam?" demanded Burleson

e I

matter wit

on of every man at the Syrinx Club who had heard it. Because, for the first time, the question which every man there had silently, involuntarily asked himself had been uttered aloud at last by John Bur

id: "I have never in my life seen or believed

g," grunte

ic term 'tek-nee-ee-eek,'" laughed Annan, "is simply gloriously b

and emphatic approbati

troubled when he broke the quiet,

owly, "what is the

oes convince you; it

d: "Does he co

us, splendid work. It only needs that one thing-whatever it is," said Ogi

and that," commented Ann

and sorrow as though h

self of its own instinct

said Gail, deliberately. "When he has passed through it

another. "No genius can hide his own immunity. That man paints with an unscar

bserved Joh

ffects everything one does. Those who have known sorrow can best depict it-not perhaps most p

o paint tragedies?

em to paint anything else-needs to have lived them, perhaps, t

leson in his rumbling bass-"li

ughter reliev

rouble and get himself mixed up in a tragedy so that

necessity to hunt

ever had any and that he'

"and it might not. It depends, John, not on the amount and qua

han he does. And yet-and yet-sometimes we love men for their shortcomings-for the sincerity of their blunders-for the fallible humanity in them.

im!" said

could get near enough to him,"

r his

e. Still, no man ever created anything in which he did not include a sample of himself-if not what he himself is, at least what he would like to be and what he likes and dislikes in others. No creator who s

he work everything," q

n, blandly. "It's rather a pre

that statement to

happily as possible with the minimum of inconvenience to others. Human happiness is what I venture to consider more important than the gim-cracks created by those same humans.

ody and everybody to love him, especially when they're ornamental and feminine. Yes? No?"

the sidewalk before scattering to the

the fountain I'm doing for Cardemon's sunken garden. I neve

ring the advisability of bestowing upon her one of those innocent, inadvertent, and fascinatingly chaste salutes-ju

st, aren't you, Sam?

I liked her because she's the sort of girl you can take anywhere and not queer yourself if you collide with your fiancée-visiti

is a looker,"

it's a rare combination to find a dream that looks as real at the Opera as it does in a lobster palace. But she's no socialist, Harry-she'll ride

y willing to go about with you;-enjoys it like one of those bre

now where to place her. She's a girl without a caste. I

" asked Burleson, pu

d her. He has

up, caught the drift

n his loud, careless v

upper. The town's

er anywhere?" ask

ng which changed the fixed smile on his symmetrical, highl

"She's damn decent to everybody. What are you talk

ssertive, shrugged away

's wife in combination with Salome and the daughters of Lot couldn't disturb his confidence in them or in himself. And-in my opinion-he paints that way, t

joyous bounder,

family is oldest New York. Yo

away with ponderous and powerful strides. And the others followed, presently, each in pursuit of his own vocation, Annan and

it still ajar, and heard laugh

y, softly, "let's ass

wanted, but does

nd nodded amiably. Then she glanced upward where, perched on his ladder, big palette curving over his left elbow, Neville stood undisturbed by the noise below, outlining great masses of clouds on a canvas where a celestial company, sketche

by swans?" asked Ogilvy, with all t

ame of follow my Le

rie West, laughing; "su

An

ne magnificent vista o

t pants on

paint tube at him, and continued his cl

Rita?" asked Ogilvy,

ees you a

a perfectly good part which nobody crabbed because nobody wanted it, which suited me beautifully because I hate

gilvy, fondly. But she t

more interesting to

nd Ogilvy's fortune," s

Allaire was looking fo

ire," said the girl, pouting and t

d use her then; and Neville had j

id with decision, "wil

him to fail a girl in s

said Valerie, smi

as being said, watching with happy interest everything that was going on around her, and

looking fixedly at Ogilvy, "is

aid Ogilv

piano, laughing, while her hands pas

Rita; but you've got

resting man who didn't require w

him with dis

very enthusiastic use for a man i

e finds a brand-new interest in him. But when a man once really loses confidence in a woman, he

g, struck a light cho

se confidence in a man you really care much abou

ith supreme contempt. "You

ward against the k

e said, "what

wenty-two. Do you think I have the audac

rrass her; but she only smiled gaily and continued to play a light

your experiences," urge

Raus mi

u wish me t

been in love

I hav

t o

ill smiling, as her pli

"Sprin

cheer those twenty-one year

faint smile edging her lips, and the "Spring Song

ss Rita emphasised the finish with the fer

r somebody? Good-bye, Mr. Neville-bye-bye! Sam-good-bye, Mr. Annan-good-bye, dear,"-to V

ning up her nose at Ogilvy who opened the door for

oing to need me to-day aft

. "I've a lot of things

s W

s humourous, bantering air. And to his surprise and discom

with hasty cordiality. "And suppose we dine toge

was scarcely perceptible. The

you, Mi

hen you heard Rita's invitatio

ng-house parlour and examine Rita's

ho can prophesy what any woman on earth i

garding Neville's work. Annan looked up, too, watching Neville where he stood on th

of industry," broke out Ogilvy. "I never come into

-money? If I had my way I'd spend three quarters of my time shooting and fishing and

if she makes you hustl

lly. She's a wampire m

paint," said Annan, hopelessly. "It's

us all out to Woodmans

-u-tiful da

retorted Neville, p

ly in mediocrity that you encounter industry. Genius

couldn't finish his 'Spring Academy' in time: and he had all winter

with that cruel jab from you-false fair one-I'll co

dainty adieu to Ogilvy, and reseated herself after their departure. But this time she settled down into a great armc

hand. She lay there in the pleasant, mellow light of the great windows, watching him, at first intently, then, soothed by the soft spr

wind-caught, or wandering into unaccustomed heights, high in the blue a white butterfly glim

g with dark eyes over which the lids dropped lazily at momen

eness to her, his never-to-be-forgotten kindness; her own

nths ago she still knew nothing of the people, the friendships, the interest, the surc

ife, this happy development of intelligence so long starved, this unfolding of youth in the atmosphere of youth? She found it difficult to

were fast becoming familiar to her. Also she was beginning to notice and secretly to reflect on their generic characteristics-their profoundly serious convictions concerning themselves and their art modified by surface individualities; their composite lack of humou

e fundamentals characterising the ensemble-supplemented by

ent. In this new, busy, inspiring, delightful world logic became a synthesis erected up

in a form slightly modified by the higher average of reasoning power. In both professions the heart played the dominant pa

to anything in art is ever done accidentally or mere

this, now, as she la

re painted in cold blood. Go out into the back yard and yell your appreciation of the universe

s this exquisite surety of touch and handling, of mass and line composition, all these lovely depths and vast ethereal spaces superbly peopled, merely the l

reen-jewelled eyes, and, ignoring the whispered invitation and the outstretched hand, leaped light

ding her of past caresses and attentions,

ugh to verify the composition on the canvas before him, and this work and the pliant material which he employed had for her a particular and never-flagging interest. And now, without thinking, purely instinctively, she leaned f

es and pyramids, pinched out bread

ered, holding it up for the cat's inspection. Gladys regarded it

the na?ve absorption of a child constructing mud pies, began to

f wax from the lump and pushed them into place with a snowy, pink-tipped thu

ys around to the other side of the cat, sometimes passing sensitive fin

s she talked under her

, to N

long to that man up there on the scaffolding. I imagine it is; he is a very wonderful man, Gladys, very high above us in intellect as he is in body.

ve made a very dainty pair of ears for you, dear; I only said that to frighten you. You and I like that man up there-tremendously, don't we? And we're very grateful to him for-for a great many happy moments-and for his unfailing kindness

and the creak of the s

ing down for a

noticing for the first time th

urbed you, M

s." He glanced absently at the cat, then, facing

side Valerie, and his thigh brushing her arm made him aware of her. Glancing down with smiling apology his eye fell on the wax, and was a

studied modelli

ven't." And looked up expecting to see laughter in

know how to

ften watc

struction you've ev

g herself to believe in

, "except when I have

ply rotten-chil

matter of fact tone

eally thi

d best and thought best suited to his face, began to glimmer; that amused, bo

ual girl," he said. "I don't want to sp

me so. Sometimes I think you ma

at you every minute! You're about the only girl who ever

, Mr. N

e beauty! You know devilish well that if there's any intellectual space

e silly enough

enough to know it wi

u wouldn't

he depths of her eyes he felt

ntelligent a woman as I ever knew. I've known girls more cultivated in general and in particula

es

he glanced up, smiled,

hook hands

r very charming accord. The moment you don't approve of anything I say or do com

d y

ling but in your eyes was something

t how could

, his shoulder against hers. And the chance contact meant nothing to either: but what he said about men and things in the world was inevitabl

at he was awakening every day in her was what he must some day reckon with. Loyalty is born of the spirit, devoti

and with the engaging candour which she already had begun to adore in him, all about what she had achieved in the interesting trifle before t

is man-for her-that, and the pains he always took with her-which courtesy was only par

ad of thought accompanying-a tiny filament of innocent praise in her heart that ch

ication of the first vigorous touch is bound to weaken and sometimes to emasculate.... I don't mean for you to parade crudity and bunches of exaggerated muscle as an ultimate expression of vigour. Only the devotee of the obvious is satisfied with that sort of result; and our exhibitions r

cross at the

velvet skin. More is done by skilful inference than by parading every abstract fact you know and translating the sum-accumulative of your knowledge into the over-accented concrete. Reti

ahl-stick, and listened absently to her responsive purr. Then, palette still in hand, he sat d

the other results in those curious products which amuse the public to good-humoured contempt-I mean those pictures full of violent colour laid on in streaks, in great sweeps, in patches, in dots. The painter has turned

ficial lighting of the studio, sometimes exclaiming against the carnival of harmonious or crude colour generally known as 'plein ai

an should prefer doing what the public calls his work, to any other form of recreation-should use enough reason-not too much-enough inspiration-but watching himself at every brush stroke; and finally should feel physically

a moment, then a smile wholly

d you listened to all tha

s; she clasped her hands on her knee, loo

o on, Mr.

few stunts to ex

n amused silence, whi

usual among Americans, but patience is. That is one re

patience is too expensive t

rue. The majority of us have to

have to

I did

re fort

perhaps....

vely, absently. He remained looking a

o have a chance t

dy?

ld thing! Would

such expensive amusement

esponsible

n blank

t of it, if you like. I'll see t

e, I don't

derstand?" he aske

at you offer me

exercise patience. It's

certain you

oking fixedly into space. Then she stirred, glanced up, blu

r offer," she said, strivi

you won't

ur wager, M

with his bantering smi

is seldom intellec

aid, biting her lower lip: "My ambition is humble. I care-mor

e," and rose to confront her where she stood w

e, Mr. Neville; i

t in it-in this happy companionship.... After all, happiness is the essential. You said so once. I am happier here than I possibly co

he sat, her cheek resting on one p

and? You, who have your own place in the world-in life-in this country-in this city! You, who have family, friends, clubs, your social life in city and country, and abroad. Life is very full for you-has

ath, then, looking up at

prove. Until I went with John Burleson I had never ever been in a restaurant; until I was engaged by Schindler I had never seen the city lighted at night-I mean where the theatres

while the smile still played faintl

oying to a perfectly heavenly degree what to you and others may be commonplace and uninteresting? All I ask is to be permitted to enjoy it while I am s

ed only to emphasise the attention he concentrated on every word she spoke; and, though he merely glanced at her from moment to moment, she wa

id. "It is perfectly dear of you to offer i

ler

s use of her given name for the

didn't think there was a string

str

d y

otly: "No, of

e began to think of that new idea in a c

think that of m

did

have been i

be sure it wa

ven't you learned anything a

rn anything about anybody in

eal about you-enough, anyway, not

d nothing about me if that's wh

ulously; "I've learned horrid things about

ishness is a little more concentrated than theirs, that's

ght at him, pretty head lowered a trifle so that he

horough talk with you," she s

cret amusement under an anxious

ere? The light will be too poor to work by in anoth

," she sai

ffolding; she walked slowly into the farther room, stood motionless a m

als, threw the white wool robe over her body

the planking to his own, and resumed palette and brushes in ex

You and I, in our briefly connected careers, have discussed every subject on earth, gravely

lack of ceremony-a few minutes

-wh

ony. You calle

evenge that presu

k I wil

d as he

f is responsible for that Milesian misnomer. Quand même! It sounds prettier from you than

eally call

hing! W

ather celebrated-to hav

est in pretence of p

e good and great are too nearly extinct

ville-and sometimes I shall call you Kelly, and s

d those incomparable shoulders a trifle more steady, please-rest solidly on the

tinted clouds already edged with deeper gold. Through the sheet of glass

ou asked me to

rned around t

d me to do such a thin

ent-minded man

e," he retorted, amused

'thorough talk' is to be about; your carele

ething-a hint of the sombre-had come into his face-nothing definite-b

y at the sky: the summer cloud

, driving his brushes into a bowl of black soap and l

e, passing to and fro across the scaffolding, oblivious of the flight of time, until at l

xcept for hat and gloves, head resting in the padd

ou all this time. Good Lord! Have I been puttering up here for an hour and a h

n I am who'll venture t

aughingly. "I'm a l

g anything. My Heaven!-c

said we were go

down the ladder, vexed with himself, wiping the paint from his hands with a

of apartments, washed his hands, changed his painter's linen

lerie," he said. "It

perfectly unreasonable kid about it.... You nev

remind me, you

't.... I wanted y

the armchair, not looking at him, one arm crook'd over her head and the fingers clos

ments neithe

ely to-night," sh

ie! What a-

. I suppose you are too h

er, Valerie? What is on your mind? Have you any seri

g really the matter. I just fel

now what I'm saying-except that it's rather rude of me-and I've g

the mirror; he could just see her profile a

awing on her long gloves, sh

in. I really would l

cup of weak tea with me," he said, jestingly-"after all those jolly d

held out her ha

d-ni

not really intending to ask her what he did as

really w

know why I never

gone anywhere with you the first day I ever knew you! Bes

you funny little thing! You

I-I'd like to be a little in your other life-have you enter mine, a little-just so I can remember, in years to come, an evening with you now and then-to see things going on around us-to hear what you think of things that we see togeth

of her attitude toward him were delightfully refreshing. He loo

id, "tell me som

if I

berately-to the exclusion of other interests. I wonder"-he looked

t under

ine-made about my work? Does i

gnantly loyal. "Why

e say it does lack

not believe them. I also hear things-and

ou heard?" h

don't wish even

e. Such things are so

e in what a few envious artis

hey say than in a whole chor

ous?" she ask

t's from models and brother painters that the real truth comes-usually distorted, half told, maliciously hinte

clasped behind her, eyebrows bent slightly

t know what they're talking about. They

s that

inhumanly and coldly perfect-too-too-" she flushed and laughed uncertainly-"'too damn omniscient'

dded; "what el

they are-what other men are-and some of the younger girls, too. Not that

human. Is that

on't mea

ous harmless capers that humanity is heir to. That's what you mean, but you don't realise it. And you think, and they think, that my solemn and owlish self-suppression is drying me up, squeezing out of me the essence of that warm, lovable humanity in which, they say, my work is deficient. They say, too, that my inspiration is lacking in that it is not founded on personal experience; that I have never known

red eyes, reflecting for a momen

ever been v

toothac

: "Haven't you ever

regretted little secret mean

experienced deep unhappiness

dded, partly to himself, "that the usual troubles and sorrows have so far passed me by. I

any intima

in the strict sens

ed, very much, for

ern flirtation-a thorough schooling in the old-fashioned misfortunes of true love w

ed smiling

just one of those gay, frivolous, Louis XV affairs with some daintily receptive girl, not

miling, a little incredulous

rifices of you, Mr. Neville.... Are you going to t

s, you must be suffering under the terrible s

hat nothing will mar our enjoyment of each other and of the gay world around us when we are dining.... It is this: Sometimes-once in a while-I become

telephone number. Call m

issed me, which really doesn't count-does it? But I let Harry Annan do it, once.... If I'm weak enough to drift into such silliness I'd better find a safeguard. I've been thinking-thinking-that it really does originate in a sort of foolish loneliness ...not in anything worse. So I thought I'd have a thorough talk with you about it. I'm twenty-one-with all my experience of life and of men crowded into a single wint

y on his arm in sudden a

orst." She smiled at him adorably: "And now I am ready to go out with you," she said,-"go