that out of the lands thus set free each may secure protection in the possession of any amount up to ten acres after January 1 by appearing on December 15, at a certain hour, and making declaration of his choice and intention of occupancy. Now, says Mr. Herbert, the scramble will begin. Well, perhaps it will. But what of it? When a theatre advertises to sell seats for a star performance at a certain hour, there is a scramble to secure tickets. When a prosperous city announces that on a given day it will accept loans from individuals up to a certain aggregate on attractive terms, there is a scramble to secure the bonds. As far as I know, nobody complains of these scrambles as unfair. The scramble begins and the scramble ends, and the matter is settled. Some inequality still remains, but it has been reduced to a minimum, and everybody has had an equal chance with the rest. So it will be with this land scramble. It may be conducted as peacefully as any other scramble, and those who are frightened by the word are simply the victims of a huge bugbear.
And the terror of rigidity is equally groundless. This rule of ten-acre possession, or any similar one that may be adopted, is no more rigid crystalline custom than is Mr. Herbert's own rule of protecting titles transferred by purchase and sale. Any rule is rigid less by the rigidity of its terms than by the rigidity of its enforcement. Now it is precisely in the tempering of the rigidity of enforcement that one of the chief excellences of Anarchism consists. Mr. Herbert must remember that under Anarchism all rules and laws will be little more than suggestions for the guidance of juries, and that all disputes, whether about land or anything else, will be submitted to juries which will judge not only the facts, but the law, the justice of the law, its applicability to the given circumstances, and the penalty or damage to be inflicted because of its infraction. What better safeguard against rigidity could there be than this? "Machinery for altering" the law, indeed! Why, under Anarchism the law will be so flexible that it will shape itself to every emergency and need no alteration. And it will then be regarded as just in proportion to its flexibility, instead of as now in proportion to its rigidity.
