ense
intended by the promise."

"Yes, sir," said Rollo; "that is the point exactly. I think it is not;
father thinks it is."

The instant that these words were out of Rollo's mouth he was sorry that
he had spoken them; for by speaking them he had furnished an indication
to the umpire of what his own opinion and his own interests were in
respect to the decision, which it never is fair to do in such a case,
when the other party is not present to express _his_ views and advocate
his interests. The words once spoken, however, could not be recalled.

"Steamboats are certainly not propelled by sails," said the lawyer, "but
yet we often apply the word _sailing_ to them. We say, for instance,
that a certain steamer will sail on such or such a day. So we say, There
was no news from such or such a place when the steamer sailed."

"But it seems to me," said Rollo, "that the question is not what people
call it, but what it really is. The going of a steamboat is certainly
not sailing, in any sense."

It was quite ingenious arguing on Rollo's part, it must be acknowledged;
but then it was wholly out of order for him to argue the question at
all. He should have confined himself strictly to a simple statement of
the point, since, as his father was not present to defend _his_ side of
the question, it was obviously not fair that Rollo should urge and
advocate his.

"It might, at first view," said Mr. Hall, "seem to be as you say, and
that the question would be solely what the steamer actually does. But,
on reflection, you will see that it is not exactly so. Contracts and
promises are made in language; and in making them, people use language
as other people use it, and it is to be interpreted in that way. For
instance: suppose a lodging-house keeper in the country should agree to
furnish a lady a room in the summer where the sun did not come in at
all, and then should give her one on the south side of the house, which
was intolerably hot, and should claim that he had fulfilled his
agreement because the sun did not itself _come_ into the room at all,
but only shone in; that would not be a good defence. We must interpret
contracts and promises according to the ordinary use and custom of
people in the employment of language.

"Still," said Mr. Hall, "although we certainly do apply the simple term
_sailing_ to a steamer, I hardly think that a trip in a steamer on a
regular and established route would be called, according to the ordina