personal property; and it is this second aspect of the matter which more particularly invites attention. If the harvesters became wearied out when they had stripped a tree of only a part of its fruit, and left that portion lying upon the ground, it might be supposed that any subsequent nut-hunter would be permitted to possess himself of what still remained upon the tree; but in fact he is allowed to do this only under such restrictions that he seldom cares to avail himself of the limited privilege; and, consequently, a partial shaking usually gives the first comer full possession of the tree, with all that it bears. The explanation is that when the nuts are shaken from the trees they are scattered all over the ground beneath, and those sent down by the second corners inevitably become mingled with those belonging to the first, thus bringing loss upon one or the other, and producing quarrels and fights. The citizens of the rudimentary state do not regard a breach of the peace as so serious a matter as it is considered in more highly developed society, but they see the disadvantages that accompany a fracas, and prefer to avoid them. To prevent brawls, therefore, and at the same time to protect the rights of priority, the custom has become fixed, that the boys who reach a tree already partially stripped while the first shakers are absent shall shake no nuts to the ground until they first pile up all that may be lying scattered under the boughs. This picking up is, however, a tiresome job, painful to the bent back and discoloring to the fingers. Moreover, it takes so long a time that there is a considerable possibility of the first shaker's returning before it is completed; in which case the equities of the parties, as the lawyers say, would not be very clear, and for which the customary law does not provide any satisfactory mode of settlement. Consequently the boys who, in their wanderings, come to a tree already partly harvested generally pass it by untouched; and they who first climb a tree thereby get possession of the whole of its product, and in reality make it their private property for that year, and entirely withdraw it from the common domain.
Very industrious and enterprising boys, the Philistines of that community, who are never unrepresented at McDouogh, take advantage of this custom to possess themselves of a large share of the walnut-crop; far more than they seem fairly entitled to on the theory of common ownership, but not more than the principles of the school of lassez-faire permit the possessors of "good business habits" to obtain in the outside world. Not that there is any dishonesty about it, for I believe the harvest to be carried on without any trickery or violence. But some are so much better provided than the rest with shrewdness, skill, agility, and swiftness of foot that they obtain ten or twenty times the share of the others. Two, or three, or four of these well-equipped youths join in a partnership, and on the day fixed by common consent of the school for the opening of the harvest each of them will run as fast as possible to the different. trees in the neighborhood, climb up, shake down about a bushel of nuts, descend, rush to another tree, and repeat the process there. All the trees thus partially shaken, perhaps six or seven of them, become for the season the property of the firm ; because, as explained before, a partial stripping of a tree gives posses-
