FIAT EXPERIMENTUM.
THAT great desideratum, an example "where to draw the line" in the matter of trading, has been established by " a case." Mr. Henry Banks has been charged at the Mansionhonse with the un- lawful possession of twenty-two carbines, which he had offered for sale below the invoice-price. It tarns out that "Banks and Co." is a gentleman who has an office in Wellesley Street, Fitzroy Square ; and who advertises specific cures for "chapped hands,
decayed teeth, freckles, corns, bunions, gout, rheumatism," &c.; likewise for " the purchase of second-hand furniture, pistols, guns, swords," &c. ; the specifics to be sent in return for postage-stamps, the other articles to be sent in the ordinary course of sale. It will appear, too, that first-hand houses sometimes resort to these second-hand agents for raising a little money. Accordingly, Messrs. Keep, Brothers, of Birmingham, sent various goods to Messrs. Banks and Co., among them the consignment of carbines. Messrs. Banks and Co. sold the carbines at six shillings each, and received the money ; Messrs. Keep, Brothers, had sold the car- bines at ten shillings each, and did not receive the money. They prosecuted ; but the Police Magistrate found there was no case. The principal in the firm of Banks and Co. had kept within the limits of legitimate trading ; and Messrs. Keep and Co. may con- sole themselves with the reflection that if " a fool and his carbines are soon parted," they have learned where to draw "the line."
This last case afforded the opportunity for an amusing illustra- tion of the magisterial mind. It is seldom that we find our magistrates in the first instance going seriously wrong, so well understood is the spirit of English law, so powerful the control of public opinion, so general the feeling of justice ; and even in this case, the magistrate did not go astray " seriously." He was much impressed with the iniquity of the ingenious gentleman " Banks and Co. " who stood before him. The Lord Mayor " held in his hand a great many letters from persons, chiefly in the country, complaining of the manner in which the accused had obtained possession of their property" • but the clever trader had kept within the limits of legitimate irade, and the Lord Mayor could not handle him. This was so provoking that the Magis- trate blurted out two indiscreet remarks. " I am very sorry, prisoner," he said, " that you did not go a little further, so that I might have been able to deal with you here." The Lord Mayor forgot that the very object of penal law is to affix a limit tip to which certain classes will go, but beyond which they must not go if they would not be punished.
And the Lord Mayor added, "But one comfort is, your game is spoilt for the future" : a burst of emotion which committed the Lord Mayor to prophecy. Of course the case has taught Banks and Co. where to draw the line."
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