as two men were walking by the seaside at low water they saw an oyster, and they both stooped at the same time to pick it up. immediately, one pushed the other away, and a dispute ensued.

a third traveller coming along at the time, they determined to refer the matter to him, as to which of the two had the better right to the oyster.

while they were each telling his story the arbitrator gravely took out his knife, opened the shell and loosened the oyster.

when they had finished, and were listening for his decision, he just as gravely swallowed the oyster, and offered them the two halves of the shell. "the court," said he, "awards you each a shell. the oyster will cover the costs."