ATC RULES AND PROCEDURES 30 страница

"One moment!" Mel Bakersfeld's voice cut sharply across the heads of others. He thrust his way forward. "Freemantle, I'm interested to know what will be in that press statement of yours. Will it be more misrepresentation. Another dose of distorted law reports to delude people who don't know any better? Or just plain, old-fashioned fabrication which you're so expert at?"

Mel spoke loudly, his words carrying to those nearby. There was a buzz of interested reaction. People who had begun drifting away, stopped.

Elliott Freemantle reacted automatically. "That's a malicious, libelous statement!" An instant later, scenting danger, he shrugged. "However, I shall let it pass."

"Why? If it is libelous, you should know how to handle it." Mel faced the lawyer squarely. "Or perhaps you're afraid of it proving true."

"I'm afraid of nothing, Mr. Bakersfeld. The fact is, we've been told by this policeman that the party's over. Now, if you'll excuse me..."

"I said it was over for you," Ned Ordway pointed out. "What Mr. Bakersfeld does is something again. He has authority here." Ordway had moved beside Mel; together they blocked the lawyer's way.

"If you were a real policeman," Freemantle objected, "you'd treat us both equally."

 

Mel said unexpectedly, "I think he's right." Ordway glanced at him curiously. "You should treat us both equally. And instead of closing this meeting, I think you should allow me the same privilege of talking to these people which Mr. Freemantle just had. That is, if you want to be a real policeman."

 

"I guess I want to be." The big Negro police lieutenant, towering above the other two, was grinning. "I'm beginning to see it your way---and Mr. Freemantle's."

Mel observed blandly to Elliott Freernantle, "You see, he's come around. Now, since we're all here, we may as well clear up a few things." He held out his hand. "Let me have that microphone."

 

Mel's anger of a minute or two ago was now less apparent. When the Tribune reporter, Tomlinson, had read back from his notes the gist of what Elliott Freemantle stated in his TV interviews and later, Met reacted heatedly. Both Tomlinson and the TV producer asked Mel to comment on what had been said. He assured them that he would.

 

"Oh no!" Freernantle shook his head decisively. The danger which he scented a few moments earlier was suddenly close and real. Once before, tonight, he had underestimated this man Bakersfeld; he had no intention of repeating that mistake. Freemantle himself now had the assembled Meadowood residents firmly under control; it was essential to his purpose that they remain that way. All he wanted at this moment was for everyone to disperse quickly.

He declared loftily, "More than enough has been said." Ignoring Mel, he passed the microphone to one of the Meadowood men and indicated the p.a. equipment. "Let's get all this apart and be on our way."

"I'll take that." Ned Ordway reached over and intercepted the microphone. "And leave the rest where it is." He nodded to several other policemen who had appeared on the fringes of the crowd. They moved in. While Freemantle watched helplessly, Ordway handed the microphone to Mel.

"Thank you." Mel faced the crowd of Meadowooders---many of their faces hostile---and others who, passing through the terminal, had stopped to listen. Though it was twenty minutes after midnight, and now Saturday morning, the heavy traffic in the main concourse showed no sign of lessening. Because of many delayed flights, pressures would probably continue through the remainder of the night, merging with a heightened weekend activity until schedules got back to normal. If one of the Meadowood objectives was to create a nuisance effect, Mel thought, it was succeeding. The extra thousand or so people were taxing available space in the concourse, arriving and departing passengers having to fight their way around like a flood tide encountering a sudden sandbank. Obviously the situation must not continue for more than a few minutes.

"I'll be brief," Mel said. He spoke into the microphone, telling them who and what he was.

"Earlier tonight I met a delegation representing all of you. I explained some of the airport's problems; also that we understood and sympathized with yours. I expected what I said to be passed along, if not exactly, then at least in substance. Instead, I find that I have been misrepresented and you have been deceived."

Elliott Freemantle emitted a roar of rage. "That's a lie!" His face was flushed. For the first time tonight his impeccably styled hair was disarrayed.

Lieutenant Ordway grasped the lawyer firmly by the arm. "Hush up, now! You had your turn."

In front of Mel a broadcast microphone had joined the hand mike he was using. The TV lights were on as he continued.

 

"Mr. Freemantle accuses me of lying. He's been strong in his use of words tonight." Mel consulted a note in his hand. "I understand they include 'thievery,' 'indifference,' that I met your delegation with 'hostility and abuse'; further, that the noise abatement measures we are trying to enforce are a 'sham, a fake, and a public lie.' Well, we'll see what you think about who's lying---or misrepresenting---and who is not."

 

He had made an error earlier, Mel realized, in speaking to the small delegation and not to this main group. His objectives had been to achieve understanding, yet avoid disruption in the terminal. Both objectives had failed.

But at least he would aim for understanding now.

"Let me outline this airport's policy on noise suppression."

For the second time tonight Mel described the operating limitations on pilots and their employer airlines. He added, "At normal times these restrictions are enforced. But in difficult weather, such as tonight's storm, pilots must be given leeway, and aircraft safety must come first."

As to runways: "Wherever possible we avoid takeoffs over Meadowood from runway two five." Yet, he explained, there was occasional need to use that runway when runway three zero was out of commission, as at present.

"We do our best for you," Mel insisted, "and we are not indifferent, as has been alleged. But we are in business as an airport and we cannot escape our basic responsibilities, plus our concern for aviation safety."

The hostility among his audience was still apparent, but now there was interest as well.

Elliott Freemantle---glaring at Mel and fuming---was aware of the interest too.

"From what I've heard," Mel said, "Mr. Freemantle chose not to pass on some observations I offered to your delegation on the general subject of airport noise. My remarks were made"---he consulted his notes again, not in 'uncaring cynicism,' as has been suggested, but in an attempt at honest frankness. I intend to share that frankness with you here."

Now, as earlier, Mel admitted there was little more in the area of noise reduction which could be done; glum expressions appeared when he described the expected greater noise from new aircraft soon to be in use. But he sensed there was appreciation for objective honesty. Beyond a few scattered remarks, there were no interruptions, his words remaining audible above the background noises of the terminal.

"There are two other things which I did not mention to your delegation, but now I intend to." Mel's voice hardened. "I doubt if you will like them."

The first point, he informed them, concerned Meadowood community.

"Twelve years ago your community didn't exist. It was a parcel of empty land---of low value until the airport's growth and closeness sent surrounding values soaring. To that extent your Meadowood is like thousands of communities which have mushroomed around airports everywhere in the world."

A woman shouted, "When we came to live here, we didn't know about jet noise."

 

"But we did!" Mel pointed a finger at the woman. "Airport managements knew that jet airplanes were coming, and knew what jet noise would be like, and we warned people, and local zoning commissions, and pleaded with them in countless Meadowoods not to build homes. I wasn't at this airport then, but there are records and pictures in our files. This airport put up signs where Meadowood is now: AIRPLANES WILL TAKE OFF AND LAND OVER THIS ROUTE.

Other airports did the same. And everywhere the signs appeared, real estate developers and salesmen tore them down. Then they sold land and houses to people like you, keeping quiet about the noise to come, and airport expansion plans---which usually they knew of---and I guess in the end the real estate people outwitted us all."

 

This time there was no rejoinder, only a sea of thoughtful faces, and Mel guessed that what he had said had struck home. He had a sense of keen regret. These were not antagonists whom he wanted to defeat. They were decent people with a real and pressing problem; neighbors for whom he wished he could do more.

He caught sight of Elliott Freemantle's sneering features. "Bakersfeld, I suppose you think that's pretty clever." The lawyer turned away, shouting over nearer heads without benefit of amplifier. "Don't believe all that! You're being softened up! If you stick with me, we'll take these airport people, and we'll take them good!"

"In case any of you didn't hear," Mel said into the microphone, "that was Mr. Freemantle advising you to stick with him. I have something to say about that, too."

He told the now attentive crowd, "Many people---people like you---have had advantage taken of them by being sold land or homes in areas which should not have been developed, or should have been developed for industrial use where airport noise doesn't matter. You haven't lost out entirely, because you have your land and homes; but chances are, their values have decreased."

A man said gloomily, "Damn right!"

"Now there's another scheme afoot to part you from your money. Lawyers all over North America are hot-footing it to airport dormitory communities because 'thar's gold in that thar noise.' "

Lawyer Freemantle, his face flushed and distorted, shrilled, "You say one more word---I'll sue you!"

"For what" Mel shot back. "Or have you guessed already what I'm going to say?" Well, he thought, maybe Freemantle would launch a libel action later, though he doubted it. Either way, Mel felt some of his old recklessness---a decision for plain speaking, and never mind the consequences---take command. It was a feeling which, in the past year or two, he had experienced rarely.

"Residents in the communities I spoke of," Mel argued, "are being assured that airports can be sued---successfully. Homeowners near airports are being promised there's a pot of dollars at every runway's end. Well, I'm not saying airports can't be sued, nor am I saying there aren't some fine, sound lawyers engaged in anti-airport litigation. What I'm warning you is that there are a good many of the other kind, too."

The same woman who had called out before asked---more mildly this time---"How are we supposed to know which is which?"

"It's difficult without a program; in other words, unless you happen to know some airport law. If you don't, you can be bamboozled by a one-sided list of legal precedents." Mel hesitated only briefly before adding, "I've heard a few specific law decisions mentioned tonight. If you wish, I'll tell you another side to them."

A man at the front said, "Let's hear your version, mister."

Several people were looking curiously at Elliott Freemantle.

Mel had hesitated, realizing that this had already gone on longer than he intended. He supposed, though, that a few minutes more would make no difference.

On the fringes of the crowd he caught sight of Tanya Livingston.

 

"The legal cases which you and I have both heard referred to glibly," Mel said, "are old hat to people who ran airports. The first, I think, was U.S. v. Causby."

 

That particular case---a pillar of Lawyer Freemantle's presentation to the Meadowood group---was, Mel explained, a decision more than twenty years old. "It concerned a chicken farmer and military airplanes. The airplanes repeatedly flew over the farmer's house, as low as sixty-seven feet---a whole lot lower than any airplane ever comes near Meadowood. The chickens were frightened; some died."

After years of litigation the case found its way to the U.S. Supreme Court. Mel pointed out: "The total damages awarded were less than four hundred dollars---the value of the dead chickens."

He added, "There was no pot of dollars for the farmer, nor is there---in that legal precedent---for you."

Mel could see Elliott Freemantle, his face alternately crimson and white with rage. Ned Ordway was once more holding the lawyer by the arm.

"There is one legal case," Mel observed, "which Mr. Freemantle has chosen not to mention. It's an important one---also involving a Supreme Court ruling---and well known. Unfortunately for Mr. Freemantle, it doesn't support his arguments, but runs counter to them."

 

The case, he explained, was Batten v. Batten in which, in 1963, the Supreme Court ruled that only an actual "physical invasion" created liability. Noise alone was not enough.

 

Mel continued, "Another ruling, along the same lines, was Loma Portal Civic Club v. American Airlines

---a 1964 decision of the California Supreme Court." In this, he reported, the Court ruled that property owners were not entitled to restrict the flight of aircraft over houses near an airport. Public interest in continuance of air travel, the California court laid down, was paramount and overwhelming...

 

Mel had quoted the legal cases unhesitatingly, without reference to notes. Clearly his audience was impressed. Now he smiled. "Legal precedents are like statistics. If you manipulate them, you can prove anything." He added, "You don't have to take my word for what I've told you. Look it up. It's all on record."

A woman near Elliott Freemantle grumbled at him, "You didn't tell us all that. You just gave your side."

Some of the hostility directed at Mel earlier was now being transferred toward the lawyer.

Freemantle shrugged. After all, he decided, he still had more than a hundred and sixty signed retainer forms, which he had been careful to transfer to a locked bag in the trunk of his car. Nothing that was said here could undo the fact of those.

A moment or two later he began to wonder.

Mel Bakersfeld was being asked by several people about legal contract forms which they had signed this evening. Their voices betrayed doubt. Obviously Mel's manner, as well as what he said, had made a strong impression. The crowd was dividing into small groups, most in animated discussion.

"I've been asked about a certain contract," Mel announced. Within the crowd, other voices silenced as he added, "I think you know the contract I mean. I have seen a copy of it."

Elliott Freemantle pushed forward. "So what! You aren't a lawyer; we've settled that once before. Therefore you're no authority on contracts." This time Freemantle was close enough to the microphone for his words to carry.

Mel snapped back, "I live with contracts! Every lessee in this airport---from the biggest airline to a headache pill concessionaire---operates under a contract approved by me, and negotiated by my staff."

 

He swung back to the crowd. "Mr. Freemantle points out, correctly, that I am not a lawyer; so I'll give you a businessman's advice. In certain circumstances the contracts you signed tonight could be enforceable. A contract is a contract. You could be taken to debtor's court; the money might be collected. But my opinion is that, providing you serve proper notice immediately, neither thing will happen. For one thing, you have received no goods; no service has been rendered. For another, each of you would have to be sued separately." Mel smiled. "That, in itself, would be an undertaking.

 

"One more thing." He looked directly at Elliott Freemantle. "I do not believe that any court would look favorably on a total legal fee in the region of fifteen thousand dollars for legal service which, at best, was nebulous."

The man who had spoken earlier asked, "So what do we do?"

"If you've genuinely changed your mind, I suggest that today or tomorrow you write a letter. Address it to Mr. Freemantle. In it, state that you no longer want legal representation as arranged, and why. Be sure to keep a copy. Again, in my opinion---that's the last you'll ever hear."

Mel had been blunter than he at first intended, and he bad also been excessively reckless, he supposed, in going quite this far. If Elliott Freernantle chose, he could certainly make trouble. In a matter in which the airport---and therefore Mel---had active interest, Mel had interposed between clients and lawyer, casting doubt upon the latter's probity. Judging by the hatred in the lawyer's eyes, he would be delighted to do any harm to Mel he could. Yet instinct told Mel that the last thing Freemantle wanted was a searching public scrutiny of his client recruiting methods and working babits. A trial judge, sensitive about legal ethics, might ask awkward questions, later still, so might the Bar Association, which safeguarded the legal profession's standards. The more Mel thought about it, the less inclined he was to worry.

Though Mel didn't know it, Elliott Freemantle had reached the same conclusion.

Whatever else Freemantle might be, he was a pragmatist. He had long ago recognized that in life there were gambits which you won, others that you lost. Sometimes the loss was sudden and illogical. A chance, a quirk, a nettle in the grass, could turn an almost-grasped success into mortifying defeat. Fortunately for people like Freemantle, the reverse was sometimes true.

The airport manager, Bakersfeld, had proven to be a nettle---carelessly grasped---which should have been avoided. Even after their first brush, which Elliott Freemantle now realized could have been a warning to him, he had continued to underestimate his opponent by remaining at the airport instead of quitting while ahead. Another thing Freemantle had discovered too late was that Bakersfeld, while shrewd, was a gambler too. Only a gambler would have gone out on such a limb as Bakersfeld had a moment ago. And only Elliott Freemantle---at this point---knew that Bakersfeld had won.

 

Freemantle was aware that the Bar Association might regard this night's activity unfavorably. More to the point: He had had a brush with an association investigating committee once already, and had no intention of provoking another.

 

Bakersfeld had been right, Elliott Freemantle thought. There would be no attempted debt collecting, through the courts, on the basis of the signed legal retainer forms. The hazards were too great, the spoils uncertain.

 

He would not give up entirely, of course. Tomorrow, Freemantle decided, he would draft a letter to all Meadowood residents who had signed the forms; in it he would do his best to persuade them that retention of himself as legal counsel, at the individual fee specified, should continue. He doubted, though, if many would respond. The suspicion which Bakersfeld had effectively implanted---damn his guts!---was too great. There might be some small pickings left, from a few people who would be willing to continue, and later it would be necessary to decide if they were worth while. But the prospect of a big killing was gone.

 

Something else, though, he supposed, would turn up soon. It always had.

Ned Ordway and several other policemen were now dispersing the crowd; normal traffic through the concourse was resuming. The portable p.a. system was at last being disassembled and removed.

Mel Bakersfeld noticed that Tanya, whom he had caught sight of a moment or two ago, was making her way in his direction.

A woman--one of the Meadowood residents whom Mel had noticed several times before---confronted him. She had a strong intelligent face and shoulder-length brown hair.

"Mr. Bakersfeld," the woman said quietly. "We've all talked a lot, and we understand a few things better than we did. But I still haven't heard anything that I can tell my children when they cry, and ask why the noise won't stop so they can sleep."

Mel shook his head regretfully. In a few words the woman bad pointed up the futility of everything which had happened tonight. He knew he had no answer for her. He doubted---while airports and dwellings remained in proximity---if there would ever be one.

He was still wondering what to say when Tanya handed him a folded sheet of paper.

Opening it, he read the message which showed signs of being hastily typed:

flight 2 had mid-air explosion. structural damage & injuries. now heading here 4 emergency landing, est. arrival 0130. capt. says must have runway three zero. tower reports runway still blocked.

 

IN THE BLOODY shambles which was the rear of the tourist cabin of Flight Two, Dr. Milton Compagno, general practitioner, was exerting the utmost of his professional skill in an attempt to save Gwen Meighen's life. He was not sure he would succeed.

 

When the initial explosion from D. O. Guerrero's dynamite bomb occurred, Gwen---next to Guerrero himself---was closest to the explosion's center.

In other circumstances she would have been killed instantly, as was D. O. Guerrero. Two things---for the moment---saved her.

Interposed between Gwen and the explosion were Guerrero's body and the aircraft toilet door. Neither was an effective shield, yet the two together were sufficient to delay the blast's initial force the fraction of a second.

Within that fractional time the airplane's skin ripped, and the second explosion---explosive decompression---occurred.

The dynamite blast still struck Gwen, hurling her backward, gravely injured and bleeding, but its force now had an opposing force---the outward rush of air through the hole in the fuselage at the aircraft's rear. The effect was as if two tornadoes met head on. An instant later the decompression triumphed, sweeping the original explosion out with it into the high-altitude, darkened night.

Despite the forcefulness of the explosion, injuries were not widespread.

Gwen Meighen, the most critically hurt, lay unconscious in the aisle. Next to her, the owlish young man who had emerged from the toilet and startled Guerrero, was wounded, bleeding badly, and dazed, but still on his feet and conscious. A half dozen passengers nearby sustained cuts and contusions from splinters and bomb fragments. Others were struck, and stunned or bruised by hurtling objects impelled toward the aircraft's rear by the explosive decompression, but none of the latter injuries was major.

At first, after decompression, all who were not secure in seats were impelled by suction toward the gaping hole in the aircraft's rear. From this danger, too, Gwen Meighen was in gravest peril. But she had fallen so that an arm---instinctively or accidentally---encircled a seat base. It prevented her from being dragged farther, and her body blocked others.

After the initial outrush of air, the suction lessened.

Now, thc greatest immediate danger for all---injured or not---was lack of oxygen.

Although oxygen masks dropped promptly from their housings, only a handful of passengers had grasped and put them on at once.

Before it was too late, however, a few people had acted. Stewardesses, responding to their training, and wherever they happened to be, seized masks and motioned others to do likewise. Three doctors, traveling with their wives as members of an off-season vacation tour, realized the need for speed, donned masks themselves and gave hasty instructions to those around them. Judy, the alert, eighteen-year-old niece of Customs Inspector Standish, placed a mask over the face of the baby in the seat beside her, as well as over her own. She then immediately signaled the baby's parents, and others across the aisle, to use oxygen. Mrs. Quonsett, the old lady stowaway, having observed oxygen demonstrations many times during her illegal flights, knew what to do. She took a mask herself and handed one to her friend, the oboe player, whom she pulled back into his seat beside her. Mrs. Quonsett had no idea if she was going to live or die, and found herself not greatly worried; but whatever happened, she intended to know what was going on until the very last moment.

Someone thrust a mask at the young man near Gwen who had been wounded. Though swaying, and scarcely aware of what was happening, he managed to hold it to his face.

Even so, barely half the passengers were on oxygen at the end of fifteen seconds--the critical time. By then, those not breathing oxygen were lapsing into drowsy stupor; in another fifteen seconds, most were unconscious.

Gwen Meighen received no oxygen, nor immediate help. The unconsciousness, caused by her injuries, deepened.

Then, on the flight deck, Anson Harris, accepting the risk of further structural damage and possible total destruction of the aircraft, made his decision for a high speed dive, saving Gwen and others from asphyxiation.

The dive began at twenty-eight thousand feet altitude; it ended, two and a half minutes later, at ten thousand feet.

A human being can survive without oxygen for three to four minutes without damage to the brain.

For the first half of the dive---for a minute and a quarter, down to nineteen thousand feet---the air continued to be rarefied, and insufficient to support life. Below that point, increasing amounts of oxygen were present and breathable.

At twelve thousand feet regular breathing was possible. By ten---with little time to spare, but enough---consciousness returned to all aboard Flight Two who had lost it, excepting Gwen. Many were unaware of having been unconscious at all.

Gradually, as initial shock wore off, passengers and the remaining stewardesses took stock of their situation. The stewardess who was second in seniority after Gwen---a pert blonde from Oak Lawn, Illinois---hurried toward the injured at the rear. Though her face paled, she called urgently, "Is there a doctor, please?"

"Yes, miss." Dr. Compagno had already moved from his seat without waiting to be called. A small, sharp-featured man who moved impatiently and talked quickly with a Brooklyn accent, he surveyed the scene hurriedly, conscious of the already biting cold, the wind streaming noisily through the gaping hole in the fuselage. Where the toilets and rear galley had been was a twisted mess of charred and bloodstained wood and metal. The back of the fuselage to the interior of the tail was open, with control wires and structural assemblies exposed.

The doctor raised his voice to make himself heard above the noise of wind and engines, constant and encompassing now that the cabin was no longer sealed.

"I suggest you move as many people as you can nearer the front. Keep everyone as warm as possible. We'll need blankets for those who are hurt."

The stewardess said doubtfully, "I'll try to find some." Many of the blankets normally stored in overhead racks had been swept out, along with passengers' extra clothing and other objects, in the whirlwind of decompression.

The two other doctors from Dr. Compagno's tour party joined him. One instructed another stewardess, "Bring us all the first aid equipment you have." Compagno---already on his knees beside Gwen---was the only one of the three with a medical bag.

Carrying a bag with emergency supplies wherever he went was characteristic of Milton Compagno. So was taking charge now, even though---as a G.P.---he was outranked professionally by the other two doctors who were internists.

Milton Compagno never considered himself off duty. Thirty-five years ago, as a young man who had fought an upward battle from a New York slum, he hung out a shingle in Chicago's Little Italy, near MHwaukee and Grand Avenues. Since then---as his wife told it, usually with resignation---the only time he ceased practicing medicine was while he slept. He enjoyed being needed. He acted as if his profession were a prize he had won, which, if not guarded, would slip away. He had never been known to refuse to see a patient at any hour, or to fail to make a house call if sent for. He never drove past an accident scene as did many of his medical brethren, fearing malpractice suits; he always stopped, got out of his car, and did what he could. He kept conscientiously up to date. Yet the more he worked, the more he seemed to thrive. He gave the impression of running through each day as if he planned to assuage the world's ailments in a lifetime, of which too little was left.