The
Earthmover
(Part Three: Conclusion)
By Richard K. Lyon
About the author
CARL
MARGAT HELD A SMALL PARTY to celebrate their victory. The first toast was
being drunk when the Marshall arrived bearing summonses for Margat, Banks,
and General Chang. They were ordered to appear before Judge Wodd and show
cause why they should not be enjoined from moving the Earth. The Friends
of Nature were suing and had filed information alleging that the comet
danger was a political fraud and that moving the Earth was totally unnecessary
and dangerous. A hearing date was set for ninety days later. Pending the
hearing, Banks, Margat and Chang were enjoined from taking any action.
Of course by the time of the hearing it would be too late.
A week passed, then on Friday morning promptly at 10 AM
Judge Wodd convened court in the case of the Friends of Nature versus NASA
and the Army Engineers. The opposing attorneys were Rodger Baron for NASA
and the Army Engineers and the noted Marvin Bilcurse for the Friends.
Bilcurse began by objecting, "Your Honor, these proceedings
were convened in far too great haste to serve the ends of Justice. The
plaintiffs have had no adequate opportunity to prepare their case. I therefore
beg the Court to continue this case for at least sixty days."
"As His Honor knows," Baron replied, "any delay past two
this afternoon is forever. At two the rocket impacts on the Moon. No court
order can change that. The sole question is whether or not the NASA control
group in Scotland detonate the bomb immediately before impact."
"Your Honor, may I point out that the Defense has made
a highly damaging admission. The Court must either continue the case or
rule in favor of either the plaintiffs or the defense. In the first two
instances the defense loses, while in the third the plaintiffs have a sacred
and inviolate right to appeal to a higher court. Pending said appeal the
restraining order must be continued so again the defense loses."
"An interesting arguement which the Court will take under
advisement," Judge Wodd replied.
"May I also point out," Bilcurse continued, "that in trying
to rule by 2 PM the Court has set itself a nearly impossible task. It is
10:15 now and the normal lunch hour for Federal Courts is from 11 to 2."
"Extraordinary cases demand extraordinary procedures.
The Court will work through lunch hour!" Wodd declared. "Now, Mr. Bilcurse,
the Court is ready for your opening statement."
"Very well, Your Honor. It is the fundamental conviction
of my clients, the Friends of Nature, that our present highly mechanized
technological society is a tragic error. I share this conviction. Surely
it is obvious that America's two hundred million people would be happier
if they led a simpler life, closer to Nature, as for example the people
of India do. Our present mechanized, sterilized, polyethylene wrapped culture
is forced on the American people by a few technological aristocrats and
the giant corporations they control. To fight them and to save what remained
of Nature, the Friends of Nature were organized and the people rallied
to their banner. Now suddenly we are told that the Earth is in dire danger
and only that discredited false god TECHNOLOGY can save us. Any child can
see through such a transparent fraud. The Earth has traveled safely in
her orbit for billions of years so --"
"How much of this do you plan to prove?" Judge Wodd interrupted.
"None, your Honor. The plantiff merely seeks to maintain
the status quo, so the burden of proof is entirely on the defendant."
"In that case the Court will now hear the opening statement
for the defense."
"Your Honor, this is a simple case of deciding the relative
safety of two courses of action. To prove the danger of continuing the
status quo I shall call Professor Ernest Jenner to describe his observations
and calculations on the comet Kerr-Shmidt. I shall also introduce depositions
from Professor Cyril Drotman-Dickens of the British Royal Astronomical
Society and Professor Ivor Nixitan of the Soviet Academy of Science stating
that their independent observations and calculations confirm Professor
Jenner's conclusions as to the danger from the Kerr-Shmidt comet. As to
the safety of moving the Earth the defense has complete studies by both
the Army Corps of Engineers and the National Academy of Science."
Wodd looked sour and said, "Does the plaintiff also plan
to call expert witnesses?"
"Certainly, Your Honor," Bilcurse replied. "We have several
eminent scientists who will swear that in their opinion further studies
are needed."
"But that's trivial," Baron objected. "Finding scientists
to say more studies are needed is like finding insurance salesmen to tell
you that you need more life insurance."
Wodd pondered for a moment then said, "This is a case
involving highly complex technical issues. The normal practice in hearing
such cases is to listen to expert witnesses testify in exhausting detail.
Such testimony is nearly always contradictory and the court does not have
the technical knowledge needed to resolve these contradictions. Consequently
the Court is obligated to decide these cases on the bases of their legal
rather than technical merits. The hearing of technical evidence is thus
a waste of time and in view of the extreme time pressure in the present
case the court will omit all technical evidence and proceed directly to
the legal arguments."
Baron rose. "Your Honor, the Defense submits that there
is inferential precedent for the Earth's present danger. The plaintiff
has argued that since Earth has existed for billions of years it cannot
now be in danger. This is a logical nonsequitor since the destruction of
the Earth is an event which can only happen once and if it had been destoyed
previously we should not be here to discuss the fact. Earth, however, is
one of several planets in the Solar System. Between Mars and Jupiter, where
a planet would normally be expected, there is an asteroid belt. This, I
submit, is fair presumptive evidence that planets such as our Earth can
be destroyed."
"Your Honor," Bilcurse said, "the defendants have failed
to file an environmental impact statement describing the effect of their
proposed actions on the lunar environment. Such a statement is clearly
required by law and accordingly the plantiff requests an immediate verdict
in their favor."
"Your Honor I object," snapped Baron. "Such a statement
is a nullity since it is well known that the Moon has no environment."
The legal arguments droned on for hours but at 1:30 Judge
Wodd announced that he had heard enough. "The requirement of the law is
that the defendants prove their proposed actions to be safe. That it may
be dangerous to omit said actions is an issue the law does not recognize.
The defense would have presented technical evidence to prove safety and
the plaintiff would have presented contrary evidence. The technical evidence
would thus have been ambiguous and the law requires that safety be unconditionally
proven. Accordingly the Court must find for the plaintiff."
General Chang rose and stepped forward. "May I address
the Court briefly?"
Wodd nodded. "Very briefly."
"I wish to say that although I do not agree with his Honor's
decision, there is substantial precedent for it. In the past years the
Courts of America have claimed the right to hear cases involving the safety
of nuclear reactors, the ecological effects of damming the rivers, the
acceptability of insecticides and other technical issues. In all these
cases the only important question is what the scientific facts are and
by their own admission the Courts lack the technical competence to decide
such questions. Thus Your Honors decision is not more stupid than many
previous decisions, it is merely more obviously stupid and potentially
more disastrous. Accordingly Drs. Banks, Margat and I have sent instructions
to the NASA crew in Scotland that they should proceed as planned and ignore
all judicial orders."
Wodd stared in surprise. A few angry words he could have
understood and even forgiven, but that responsible Federal officials should
defy a court order boggled the mind. Slowly he said, "Gentlemen, I hope
you understand the consequences of your actions. The Court has no choice
but to find you in contempt and send you to prison until such time as you
purge yourselves of contempt by obeying the Court's order. Under the circumstances
you may never be able to do that."
***
At 7 PM, exactly as expected, all the lights went out, all the lights in the jail, in Washington D.C., in the entire East Coast. At 9 PM the lights would go back on in the East Coast and go out in a strip of inland states. A blackout was being slowly rolled accross the United States. It was the only way the power companies could ration the available electricity. ERDA had failed to dispose of the backlog of nuclear waste, so the reprocessing plants which produced that waste had to shut down. Being shut down they could no longer accept spent fuel rods so the atomic reactors which produced the spent fuel rods must also shut down. As far as anyone could tell from the public record Judge Wodd was the one man to blame for knocking down the first domino and causing the power shortage. Dealing with this crisis was the job of the Army Corps of Engineers whose head the same Judge Wodd had imprisoned. Thus everything had happened as planned and they should soon be free.
Banks looked away from the window and toward the darkness where General Chang sat. "General, I've been wondering. Considering what we've done it would only have taken one misstep and we really would be spending the rest of our lives in prison. My question is, was it necessary? Could we have saved the Earth honorably, by going through proper channels?"
"You know the way our government makes decisions. Do you need to ask?"
The End.