The Common Law

Ogilvy was too weak with laughter to continue the favourite pastime of "touching up John"; and Burleson who, under provocation, never exhibited any emotion except impatient wonder at the foolishness of others, emptied his claret bottle with unruffled confidence in his own common-sense and the futility of his friends.

"Kelly, they say, is making a stunning lot of stuff for that Byzantine Theatre," he said in his honest, resonant voice. "I wish to Heaven I could paint like him."

Annan passed his delicate hand over his pale, handsome face: "Kelly Neville is, without exception, the most gifted man I ever knew."

"No, the most skilful," suggested Ogilvy. "I have known more gifted men who never became skilful."

"What hair is that you're splitting, Sam?" demanded Burleson. "Don't you like Kelly's work?"

"Sure I do."

"What's the matter with it, then?"

There was a silence. One or two men at neighbouring tables turned partly around to listen. There seemed to be something in the very simple and honest question of John Burleson that arrested the attention 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 Burleson—voiced in utter good faith and with all confidence that the answer could be only that there was nothing whatever the matter with Louis Neville's work. And his answer had been a universal silence.

Clive Gail, lately admitted to the Academy said: "I have never in my life seen or believed possible such facility as is Louis Neville's."

"Sure thing," grunted Burleson.

"His personal manner of doing his work—which the critics and public term 'tek—nee—ee—eek,'" laughed Annan, "is simply gloriously bewildering. There is a sweeping splendour to it—and what colour!"

There ensued murmured and emphatic approbation; and another silence.

Ogilvy's dark, pleasant face was troubled when he broke the quiet, and everybody turned toward him:

"Then," he said, slowly, "what is the matter with Neville?"

Somebody said: "He does convince you; it isn't that, is it?"

A voice replied: "Does he convince himself?"

"There is—there always has been something lacking in all that big, glorious, splendid work. It only needs that one thing—whatever it is," said Ogilvy, quietly. "Kelly is too sure, too powerfully perfect, too omniscient—"

"And we mortals can't stand that," commented Annan, laughing. "'Raus mit Neville!' He paints joy and sorrow as though he'd never known either—"

And his voice checked itself of its own instinct in the startled silence.

"That man, Neville, has never known the pain of work," said Gail, deliberately. "When he has passed through it and it has made his hand less steady, less omnipotent—"

"That's right. We can't love a man who has never endured what we have," said another. "No genius can hide his own immunity. That man paints with an unscarred soul. A little hell for his—and no living painter could stand beside him."

"Piffle," observed John Burleson.

Ogilvy said: "It is true, I think, that out of human suffering a quality is distilled which affects everything one does. Those who have known sorrow can best depict it—not perhaps most plausibly, but most convincingly—and with fewer accessories, more reticence, and—better taste."

"Why do you want to paint tragedies?" demanded Burleson.

"One need not paint them, John, but one needs to understand them to paint anything else—needs to have lived them, perhaps, to become a master of pictured happiness, physical or spiritual."

"That's piffle, too!" said Burleson in his rumbling bass—"like that damn hen you lugged in—"

A shout of laughter relieved everybody.

"Do you want a fellow to go and poke his head into trouble and get himself mixed up in a tragedy so that he can paint better?" insisted Burleson, scornfully.

"There's usually no necessity to hunt trouble," said Annan.

"But you say that Kelly never had any and that he'd paint better if he had."

"Trouble might be the making of Kelly Neville," mused Ogilvy, "and it might not. It depends, John, not on the amount and quality of the hell, but on the man who's frying on the gridiron."

Annan said: "Personally I don't see how Kelly could paint happiness or sorrow or wonder or fear into any of his creations any more convincingly than 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. That after all is where love starts. The rest—what Kelly shows us—evokes wonder, delight, awe, enthusiasm…. If he could only make us love him—"

"I love him!" said Burleson.

"We all are inclined to—if we could get near enough to him," said Annan with a faint smile.

"Him—or his work?"

"Both, John. There's a vast amount of nonsense talked about the necessity of separation between a man and his work—that the public has no business with the creator, only with his creations. It is partly true. 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 shows his work can hope to remain entirely anonymous. And—I am not yet certain that the public has no right to make its comments on the man who did the work as well as on the work which it is asked to judge."

"The man is nothing; the work everything," quoted Burleson, heavily.

"So I've heard," observed Annan, blandly. "It's rather a precious thought, isn't it, John?"

"Do you consider that statement to be pure piffle?"

"Partly, dear friend. But I'm one of those nobodies who cherish a degenerate belief that man comes first, and then his works, and that the main idea is to get through life as 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. Man first, then man's work, that's the order of mundane importance to me. And if you've got to criticise the work, for God's sake do it with your hand on the man's shoulder."

"Our little socialist," said Ogilvy, patting Annan's blonde head. "He wants to love everybody and everybody to love him, especially when they're ornamental and feminine. Yes? No?" he asked, fondly coddling Annan, who submitted with a bored air and tried to kick his shins.

Later, standing in a chance group on the sidewalk before scattering to their several occupations, Burleson said:

"That's a winner of a model—that Miss West. I used her for the fountain I'm doing for Cardemon's sunken garden. I never saw a model put together as she is. And that's going some."

"She's a dream," said Ogilvy—"un pen sauvage—no inclination to socialism there, Annan. I know because I was considering the advisability of bestowing upon her one of those innocent, inadvertent, and fascinatingly chaste salutes—just to break the formality. She wouldn't have it. I'd taken her to the theatre, too. Girls are astonishing problems."

"You're a joyous beast, aren't you, Sam?" observed Burleson.

"I may be a trifle joyous. I tried to explain that to her, but she wouldn't listen. Heaven knows my intentions are child-like. I liked her because she's the sort of girl you can take anywhere and not queer yourself if you collide with your fiancée—visiting relative from 'Frisco, you know. She's equipped to impersonate anything from the younger set to the prune and pickle class."

"She certainly is a looker," nodded Annan.

"She can deliver the cultivated goods, too, and make a perfectly good play at the unsophisticated intellectual," said Ogilvy with conviction. "And 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 in a taxi with you and sit up half the night with you, but it's nix for getting closer, and the frozen Fownes for the chaste embrace—that's all."

"She's a curious kind of girl," mused Burleson;—"seems perfectly willing to go about with you;—enjoys it like one of those bread-and-butter objects that the department shops call a 'Miss.'"

Annan said: "The girl is unusual, everyway. You don't know where to place her. She's a girl without a caste. I like her. I made some studies from her; Kelly let me."

"Does Kelly own her?" asked Burleson, puffing out his chest.

"He discovered her. He has first call."

Allaire, who had come up, caught the drift of the conversation.

"Oh, hell," he said, in his loud, careless voice, "anybody can take Valerie West to supper. The town's full of her kind."

"Have you taken her anywhere?" asked Annan, casually.

Allaire flushed up: "I haven't had time." He added something which changed the fixed smile on his symmetrical, highly coloured face into an expression not entirely agreeable.

"The girl's all right," said Burleson, reddening. "She's damn decent to everybody. What are you talking about, Allaire? Kelly will put a head on you!"

Allaire, careless and assertive, shrugged away the rebuke with a laugh:

"Neville is one of those professional virgins we read about in our neatly manicured fiction. He's what is known as the original mark. Jezebel and Potiphar'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, too." And he went away laughing and swinging his athletic shoulders and twirling his cane, his hat not mathematically straight on his handsome, curly head.

"There strides a joyous bounder," observed Ogilvy.

"Curious," mused Annan. "His family is oldest New York. You see 'em that way, at times."

Burleson, who came from New England, grunted his scorn for Manhattan, ancient or recent, and, nodding a brusque adieu, walked away with ponderous and powerful strides. And the others followed, presently, each in pursuit of his own vocation, Annan and Ogilvy remaining together as their common destination was the big new studio building which they as well as Neville inhabited.

Passing Neville's door they saw it still ajar, and heard laughter and a piano and gay voices.

"Hi!" exclaimed Ogilvy, softly, "let's assist at the festivities. Probably we're not wanted, but does that matter, Harry?"

"It merely adds piquancy to our indiscretion," said Annan, gravely, following him in unannounced—"Oh, hello, Miss West! Was that you playing? Hello, Rita"—greeting a handsome blonde young girl who stretched out a gloved hand to them both and 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, sketched in from models, soared, floated, or hung suspended, cradled in mid air with a vast confusion of wide wings spreading, fluttering, hovering, beating the vast ethereal void, all in pursuit of a single exquisite shape darting up into space.

"What's all that, Kelly? Leda chased by swans?" asked Ogilvy, with all the disrespect of cordial appreciation.

"It's the classic game of follow my Leda," observed Annan.

"Oh—oh!" exclaimed Valerie West, laughing; "such a wretched witticism, Mr. Annan!"

"Your composition is one magnificent vista of legs, Kelly," insisted Ogilvy. "Put pants on those swans."

Neville merely turned and threw an empty paint tube at him, and continued his cloud outlining with undisturbed composure.

"Where have you been, Rita?" asked Ogilvy, dropping into a chair.

"Nobody sees you any more."

"That's because nobody went to the show, and that's why they took it off," said Rita Tevis, resentfully. "I had a perfectly good part which nobody crabbed because nobody wanted it, which suited me beautifully because I hate to have anything that others want. Now there's nothing doing in the millinery line and I'm ready for suggestions."

"Dinner with me," said Ogilvy, fondly. But she turned up her dainty nose:

"Have you anything more interesting to offer, Mr. Annan?"

"Only my heart, hand, and Ogilvy's fortune," said Annan, regretfully.

"But I believe Archie Allaire was looking for a model of your type—"

"I don't want to pose for Mr. Allaire," said the girl, pouting and twirling the handle of her parasol.

But neither Annan nor Ogilvy could use her then; and Neville had just finished a solid week of her.

"What I'll do," she said with decision, "will be to telephone John Burleson. I never knew him to fail a girl in search of an engagement."

"Isn't he a dear," said Valerie, smiling. "I adore him."

She sat at the piano, running her fingers lightly over the keyboard, listening to what was being said, watching with happy interest everything that was going on around her, and casting an occasional glance over her shoulder and upward to where Neville stood at work.

"John Burleson," observed Rita, looking fixedly at Ogilvy, "is easily the nicest man I know."

"Help!" said Ogilvy, feebly.

Valerie glanced across the top of the piano, laughing, while her hands passed idly here and there over the keys:

"Sam can be very nice, Rita; but you've got to make him," she said.

"Did you ever know a really interesting man who didn't require watching?" inquired Annan, mildly.

Rita surveyed him with disdain: "Plenty."

"Don't believe it. No girl has any very enthusiastic use for a man in whom she has perfect confidence."

"Here's another profound observation," added Ogilvy; "when a woman loses confidence in a man she finds a brand-new interest in him. But when a man once really loses confidence in a woman, he never regains it, and it's the beginning of the end. What do you think about that, Miss West?"

Valerie, still smiling, struck a light chord or two, considering:

"I don't know how it would be," she said, "to lose confidence in a man you really care much about. I should think it would break a girl's heart."

"It doesn't," said Rita, with supreme contempt. "You become accustomed to it."

Valerie leaned forward against the keyboard, laughing:

"Oh, Rita!" she said, "what a confession!"

"You silly child," retorted Rita, "I'm twenty-two. Do you think I have the audacity to pretend I've never been in love?"

Ogilvy said with a grin: "How about you, Miss West?"—hoping to embarrass her; but she only smiled gaily and continued to play a light accompaniment to the fugitive air that was running through her head.

"Don't be selfish with your experiences," urged Ogilvy. "Come on, Miss West! 'Raus mit 'em!'"

"What do you wish me to say, Sam?"

"That you've been in love several times."

"But I haven't."

"Not once?"

Her lowered face was still smiling, as her pliant fingers drifted into Grieg's "Spring Song."

"Not one pretty amourette to cheer those twenty-one years of yours?" insisted Ogilvy.

But his only answer was her lowered head and the faint smile edging her lips, and the "Spring Song," low, clear, exquisitely persistent in the hush.

When the last note died out in the stillness Rita emphasised the finish with the ferrule of her parasol and rose with decision:

"I require several new frocks," she said, "and how am I to acquire them unless I pose for somebody? Good-bye, Mr. Neville—bye-bye! Sam—good-bye, Mr. Annan—good-bye, dear,"—to Valerie—"if you've nothing better on hand drop in this evening. I've a duck of a new hat."

The girl nodded, and, as Rita Tevis walked out, turning up her nose at Ogilvy who opened the door for her, Valerie glanced up over her shoulder at Neville:

"I don't believe you are going to need me to-day after all, are you?" she asked.

"No," he said, absently. "I've a lot of things to do. You needn't stay, Miss West."

"Now will you be good!" said Annan, smiling at her with his humourous, bantering air. And to his surprise and discomfiture he saw the least trace of annoyance in her dark eyes.

"Come up to the studio and have a julep," he said with hasty cordiality. "And suppose we dine together at Arrowhead—if you've nothing else on hand—"

She shook her head—the movement was scarcely perceptible. The smile had returned to her lips.

"Won't you, Miss West?"

"Isn't it like you to ask me when you heard Rita's invitation? You're a fraud, Mr. Annan."

"Are you going to sit in that boarding-house parlour and examine Rita's new bonnet all this glorious evening?"

She laughed: "Is there any man on earth who can prophesy what any woman on earth is likely to do? If you can, please begin."

Ogilvy, hands clasped behind him, balancing alternately on heels and toes, stood regarding Neville's work. Annan looked up, too, watching Neville where he stood on the scaffolding, busy as always, with the only recreation he cared anything for—work.

"I wish to Heaven I were infected with the bacillus of industry," broke out Ogilvy. "I never come into this place but I see Kelly busily doing something."

"You're an inhuman sort of brute, Kelly!" added Annan. "What do you work that way for—money? If I had my way I'd spend three quarters of my time shooting and fishing and one quarter painting—and I'm as devotedly stuck on art as any healthy man ought to be."

"Art's a bum mistress if she makes you hustle like that!" commented Ogilvy. "Shake her, Kelly. She's a wampire mit a sarpint's tongue!"

"The worst of Kelly is that he'd rather paint," said Annan, hopelessly. "It's sufficient to sicken the proverbial cat."

"Get a machine and take us all out to Woodmanston?" suggested Ogilvy.

"It's a bee—u—tiful day, dearie!"

"Get out of here!" retorted Neville, painting composedly.

"Your industry saddens us," insisted Annan. "It's only in mediocrity that you encounter industry. Genius frivols; talent takes numerous vacations on itself—"

"And at its own expense," added Valerie, demurely. "I knew a man who couldn't finish his 'Spring Academy' in time: and he had all winter to finish it. But he didn't. Did you ever hear about that man, Sam?"

"Me," said Ogilvy, bowing with hand on heart. "And with that cruel jab from you—false fair one—I'll continue heavenward in the elevator. Come on, Harry."

Annan took an elaborate farewell of Valerie which she met in the same mock-serious manner; then she waved a gay and dainty adieu to Ogilvy, and reseated herself after their departure. But this time she settled down into a great armchair facing Neville and his canvas, and lay back extending her arms and resting the back of her head on the cushions.

Whether or not Neville was conscious of her presence below she could not determine, so preoccupied did he appear to be with the work in hand. She lay there in the pleasant, mellow light of the great windows, watching him, at first intently, then, soothed by the soft spring wind that fitfully stirred the hair at her temples, she relaxed her attention, idly contented, happy without any particular reason.

Now and then a pigeon flashed by the windows, sheering away high above the sunlit city. Once, wind-caught, or wandering into unaccustomed heights, high in the blue a white butterfly glimmered, still mounting to infinite altitudes, fluttering, breeze-blown, a silvery speck adrift.

"Like a poor soul aspiring," she thought listlessly, watching with dark eyes over which the lids dropped lazily at moments, only to lift again as her gaze reverted to the man above.

She thought about him, too; she usually did—about his niceness to her, his never-to-be-forgotten kindness; her own gratitude to him for her never-to-be-forgotten initiation.

It seemed scarcely possible that two months had passed since her novitiate—that two months ago she still knew nothing of the people, the friendships, the interest, the surcease from loneliness and hopeless apathy, that these new conditions had brought to her.

Had she known Louis Neville only two months? Did all this new buoyancy date from two short months' experience—this quickened interest in life, this happy development of intelligence so long starved, this unfolding of youth in the atmosphere of youth? She found it difficult to realise, lying there so contentedly, so happily, following, with an interest and appreciation always developing, the progress of the work.

Already, to herself, she could interpret much that she saw in this new world. Cant phrases, bits of studio lore, artists' patter, their ways of looking at things, their manners of expression, their mannerisms, their little vanities, their ideas, ideals, aspirations, 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 humour—exceptions like Ogilvy and Annan, and even Neville only proving the rule; their simplicity, running the entire gamut from candour to stupidity; their patience which was half courage, half a capacity for suffering; and, in the latter, more woman-like than like a man.

Simplicity, courage, lack of humour—those appeared to be the fundamentals characterising the ensemble—supplemented by the extremes of restless intelligence and grim conservatism.

And the whole fabric seemed to be founded not on industry but on impulse born of sentiment. In this new, busy, inspiring, delightful world logic became a synthesis erected upon some inceptive absurdity, carried solemnly to a picturesque and erroneous conclusion.

She had been aware, in stage folk, of the tendency to sentimental impulse; and she again discovered it in this new world, in a form slightly modified by the higher average of reasoning power. In both professions the heart played the dominant part in creator and creation. The exceptions to the rule were the few in either profession who might be called distinguished.

Neville had once said to her: "Nothing that amounts to anything in art is ever done accidentally or merely because the person who creates it loves to do it."

She was thinking of this, now, as she lay there watching him.

He had added: "Enthusiasm is excellent while you're dressing for breakfast; but good pictures are painted in cold blood. Go out into the back yard and yell your appreciation of the universe if you want to; but the studio is a silent place; and a blank canvas a mathematical proposition."

Could this be true? Was all the beauty, all the joyous charm, all the splendour of shape and colour the result of working out a mathematical proposition? Was this exquisite surety of touch and handling, of mass and line composition, all these lovely depths and vast ethereal spaces superbly peopled, merely the logical result of solving that problem? Was it all clear, limpid, steady, nerveless intelligence; and was nothing due to the chance and hazard of inspiration?

Gladys, the cat, walked in, gently flourishing her tail, hesitated, looked around with narrowing green-jewelled eyes, and, ignoring the whispered invitation and the outstretched hand, leaped lightly to a chair and settled down on a silken cushion, paws and tail folded under her jet-black body.

Valerie reproached her in a whisper, reminding her of past caresses and attentions, but the cat only blinked at her pleasantly.

On a low revolving stand at Valerie's elbow lay a large lump of green modelling wax. This wax Neville sometimes used to fashion, with his facile hands, little figures sketched from his models. These he arranged in groups as though 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 forward and laid her hand caressingly on the lump of wax. There was something about the yielding, velvety texture that fascinated her, as though in her slim fingers some delicate nerves were responding to the pleasure of contact.

For a while she moulded little cubes and pyramids, pinched out bread-crumb chickens and pigs and cats.

"What do you think of this little wax kitten, Gladys?" she whispered, holding it up for the cat's inspection. Gladys regarded it without interest and resumed her pleasant contemplation of space.