CHAPTER XXII. A SOLDIER'S HONOR

Delivery day dawned with a heavy fog hanging over the valley of the Yellowstone. The frosts had ceased, and several showers had fallen during the night, one of which brought our beeves to their feet, but they gave no serious trouble and resumed their beds within an hour. There was an autumn feeling in the atmosphere, and when the sun arose, dispelling the mists, a glorious September day was ushered in. The foliage of the timber which skirted either river was coloring from recent frosts, while in numerous places the fallen leaves of the cottonwood were littering the ground. Enough rain had fallen to settle the dust, and the signal of the approaching herds, seen the evening before, was no longer visible.

The delay in their appearance, however, was only temporary. I rode down to Sponsilier's camp early that morning and reported the observations of my wrangler at sundown. No one at the lower wagon had noticed the dust-clouds, and some one suggested that it might be a freight outfit returning unloaded, when one of the men on herd was seen signaling the camp's notice. The attention of the day-herders, several miles distant, was centered on some object up the river; and mounting our horses, we rode for the nearest elevation, from which two herds were to be seen on the opposite side, traveling in trail formation. There was no doubting their identity; and wondering what the day would bring forth, we rode for a better point of observation, when from behind a timbered bend of the river the lead of the last herd appeared. At last the Yellowstone Valley held over twenty thousand beef cattle, in plain sight of each other, both factions equally determined on making the delivery on an award that required only half that number. Dismounting, we kept the herds in view for over an hour, or until the last one had crossed the river above O'Brien's road-house, the lead one having disappeared out of sight over on the main Missouri.

This was the situation on the morning of September 15. As we returned to Sponsilier's wagon, all the idle men about the camp joined our cavalcade, and we rode down and paid Forrest's outfit a social visit. The latter were all absent, except the cook, but shortly returned from down the river and reported the opposition herds to be crossing the Missouri, evidently going to camp at Alkali Lake.

"Well, I've been present at a good many deliveries," said Quince Forrest, as he reined in his horse, "but this one is in a class by itself. We always aimed to get within five or ten miles of a post or agency, but our friends made a worthy effort to get on the parade-ground. They did the next best thing and occupied the grazing where the cavalry horses have been herded all summer. Oh, their cattle will be hog-fat in a few days. Possibly they expect to show their cattle in town, and not trouble the quartermaster and comandante to even saddle up—they're the very kind of people who wouldn't give anybody trouble if they could help it. It wouldn't make so much difference about those old frontier officers or a common cowman, but if one of those young lieutenants was to get his feet wet, the chances are that those Washington City contractors would fret and worry for weeks. Of course, any little inconvenience that any one incurred on their account, they'd gladly come all the way back from Europe to make it right—I don't think."

While we were discussing the situation, Bob Quirk arrived at camp. He reported that Lovell, relying on the superiority of our beeves, had waived his right to deliver on the hour of high noon, and an inspection of the other cattle would be made that evening. The waiver was made at the request of the leading officers of Fort Buford, all very friendly to the best interests of the service and consequently ours, and the object was to silence all subsequent controversy. My brother admitted that some outside pressure had been brought to bear during the night, very antagonistic to the post commander, who was now more determined than ever to accept none but the best for their next year's meat supply. A well-known congressman, of unsavory reputation as a lobbyist in aiding and securing government contracts for his friends, was the latest addition to the legal forces of the opposition. He constantly mentioned his acquaintances in the War Department and maintained an air of assurance which was very disconcerting. The younger officers in the post were abashed at the effrontery of the contractors and their legal representatives, and had even gone so far as to express doubts as to the stability of their positions in case the decision favored Lovell's cattle. Opinion was current that a possible shake-up might occur at Buford after the receipt of its beef supply, and the more timorous ones were anxious to get into the right wagon, instead of being relegated to some obscure outpost.

It was now evident that the decisive issue was to occur over the delivery of the contending herds. Numerous possibilities arose in my imagination, and the various foremen advanced their views. A general belief that old man Don would fight to the last was prevalent, and amidst the discussions pro and con, I remarked that Lovell could take a final refuge behind the indemnity in hand.

"Indemnity, hell!" said Bob Quirk, giving me a withering look; "what is sixty-five thousand dollars on ten thousand beeves, within an hour of delivery and at thirty-seven and a half a head? You all know that the old man has strained his credit on this summer's drive, and he's got to have the money when he goes home. A fifteen or twenty per cent. indemnity does him no good. The Indian herds have paid out well, but if this delivery falls down, it will leave him holding the sack. On the other hand, if it goes through, he will be, financially, an independent man for life. And while he knows the danger of delay, he consented as readily as any of us would if asked for a cigarette-paper. He may come out all right, but he's just about white enough to get the worst of it. I've read these Sunday-school stories, where the good little boy always came out on top, but in real life, especially in cattle, it's quite different."

My brother's words had a magical effect. Sponsilier asked for suggestions, when Bob urged that every man available go into the post and accompany the inspection party that afternoon. Since Forrest and himself were unknown, they would take about three of the boys with them, cross the Missouri, ride through and sum up the opposition cattle. Forrest approved of the idea, and ordered his cook to bestir himself in getting up an early dinner. Meanwhile a number of my boys had ridden down to Forrest's wagon, and I immediately dispatched Clay Zilligan back to my cattle to relieve Vick Wolf and inform the day-herders that we might not return before dark. Wolf was the coolest man in my employ, had figured in several shooting scrapes, and as he was a splendid shot, I wanted to send him with Forrest and my brother. If identified as belonging to Lovell's outfits, there was a possibility that insult might be offered the boys; and knowing that it mattered not what the odds were, it would be resented, I thought it advisable to send a man who had smelt powder at short range. I felt no special uneasiness about my brother, in fact he was the logical man to go, but a little precaution would do no harm, and I saw to it that Sponsilier sent a good representative.

About one o'clock we started, thirty strong. Riding down the Yellowstone, the three detailed men, Quince Forrest, and my brother soon bore off to the left and we lost sight of them. Continuing on down the river, we forded the Missouri at the regular wagon-crossing, and within an hour after leaving Forrest's camp cantered into Fort Buford. Sanders and his outfit were waiting in front of the quartermaster's office, the hour for starting having been changed from two to three, which afforded ample time to visit the sutler's bar. Our arrival was noticed about the barracks, and evidently some complaint had been made, as old man Don joined us in time for the first round, after which he called Dave and me aside. In reply to his inquiry regarding our presence, Sponsilier informed him that we had come in to afford him an escort, in case he wished to attend the inspection of the opposition herds; that if there was any bulldozing going on he needn't stand behind the door. Dave informed him that Bob and Quince and three of the other boys would meet us at the cattle, and that he need feel no hesitancy in going if it was his wish. It was quite evident that Mr. Lovell was despondent, but he took courage and announced his willingness to go along.

"It was my intention not to go," said he, "though Mr. Aspgrain and Sutton both urged that I should. But now since you boys all feel the same way, I believe I'll go. Heaven and earth are being moved to have the other cattle accepted, but there are a couple of old war-horses at the head of this post that will fight them to the last ditch, and then some. I'm satisfied that my beeves, in any market in the West, are worth ten dollars a head more than the other ones, yet there is an effort being made to turn us down. Our claims rest on two points,—superiority of the beef tendered, and the legal impossibility of a transfer from themselves, a corporation, to themselves as individuals. If there is no outside interference, I think we will make the delivery before noon to-morrow. Now, I'll get horses for both Mr. Sutton and Senator Aspgrain, and you see that none of the boys drink too much. Sanders and his outfit are all right, and I want you lads to remind me to remember him before we leave this post. Now, we'll all go in a little party by ourselves, and I don't want a word out of a man, unless we are asked for an opinion from the officers, as our cattle must argue our cause."

A second drink, a cigar all round, and we were ready to start. As we returned to our mounts, a bustle of activity pervaded the post. Orderlies were leading forth the best horses, officers were appearing in riding-boots and gauntlets, while two conveyances from a livery in town stood waiting to convey the contractors and their legal representatives. Our employer and his counsel were on hand, awaiting the start, when the quartermaster and his outfit led off. There was some delay among the officers over the change of a horse, which had shown lameness, while the ringsters were all seated and waiting in their vehicles. Since none of us knew the trail to Alkali Lake, some one suggested that we follow up the quartermaster and allow the military and conveyances to go by the wagon-road. But Lovell objected, and ordered me forward to notice the trail and course, as the latter was a cut-off and much nearer than by road. I rode leisurely past the two vehicles, carefully scanning every face, when Mr. Field recognized and attempted to halt me, but I answered him with a contemptuous look and rode on. Instantly from the rigs came cries of "Stop that man!" "Halt that cowboy!" etc., when an orderly stepped in front of my horse and I reined in. But the shouting and my detention were seen and heard, and the next instant, led by Mike Sutton, our men dashed up, scaring the teams, overturning both of the conveyances, and spilling their occupants on the dusty ground. I admit that we were a hard-looking lot of cow-hands, our employer's grievance was our own, and just for an instant there was a blue, sulphuric tinge in the atmosphere as we accented our protest. The congressman scrambled to his feet, sputtering a complaint to the post commander, and when order was finally restored, the latter coolly said:

"Well, Mr. Y——-, when did you assume command at Fort Buford? Any orders that you want given, while on this military reservation, please submit them to the proper authorities, and if just, they will receive attention. What right have you or any of your friends to stop a man without due process? I spent several hours with these men a few days ago and found them to my liking. I wish we could recruit the last one of them into our cavalry. But if you are afraid, I'll order out a troop of horse to protect you. Shall I?"

"I'm not at all afraid," replied Mr. Raddiff, "but feel under obligation to protect my counsel. If you please, Colonel."

"Captain O'Neill," said the commandant, turning to that officer, "order out your troop and give these conveyances ample protection from now until their return from this cattle inspection. Mr. Lovell, if you wish to be present, please ride on ahead with your men. The rest of us will proceed at once, and as soon as the escort arrives, these vehicles will bring up the rear."

As we rode away, the bugles were calling the troopers.

"That's the way to throw the gaff into them," said Sutton, when we had ridden out of hearing. "Every time they bluff, call their hand, and they'll soon get tired running blazers. I want to give notice right now that the first mark of disrespect shown me, by client or attorney, I'll slap him then and there, I don't care if he is as big as a giant. We are up against a hard crowd, and we want to meet them a little over halfway, even on a hint or insinuation. When it comes to buffaloing the opposite side, that's my long suit. The history of this case shows that the opposition has no regard for the rights of others, and it is up to us to try and teach them that a love of justice is universal. Personally, I'm nothing but a frontier lawyer from Dodge, but I'm the equal of any lobbyist that ever left Washington City."

Alkali Lake was some little distance from the post. All three of the herds were holding beyond it, a polite request having reached them to vacate the grazing-ground of the cavalry horses. Lovell still insisted that we stand aloof and give the constituted authorities a free, untrammeled hand until the inspection was over. The quartermaster and his assistants halted on approaching the first herd, and giving them a wide berth, we rode for the nearest good point of observation. The officers galloped up shortly afterward, reining in for a short conversation, but entering the first herd before the arrival of the conveyances and their escort. When the latter party arrived, the nearest one of the three herds had been passed upon, but the contractors stood on the carriage seats and attempted to look over the cordon of troopers, formed into a hollow square, which surrounded them. The troop were mounted on chestnut horses, making a pretty sight, and I think they enjoyed the folly and humor of the situation fully as much as we did. On nearing the second herd, we were met by the other boys, who had given the cattle a thorough going-over and reported finding two "Circle Dot" beeves among the opposition steers. The chances are that they had walked off a bed-ground some night while holding at Ogalalla and had been absorbed into another herd before morning. My brother announced his intention of taking them back with us, when Sponsilier taunted him with the fact that there might be objections offered.

"That'll be all right, Davy," replied Bob; "it'll take a bigger and better outfit than these pimps and tin-horns to keep me from claiming my own. You just watch and notice if those two steers don't go back with Forrest. Why, they had the nerve to question our right even to look them over. It must be a trifle dull with the GIRLS down there in Ogalalla when all these 'babies' have to turn out at work or go hungry."

Little time was lost in inspecting the last herd. The cattle were thrown entirely too close together to afford much opportunity in looking them over, and after riding through them a few times, the officers rode away for a consultation. We had kept at a distance from the convoy, perfectly contented so long as the opposition were prisoners of their own choosing. Captain O'Neill evidently understood the wishes of his superior officer, and never once were his charges allowed within hailing distance of the party of inspection. As far as exerting any influence was concerned, for that matter, all of us might have remained back at the post and received the report on the commander's return. Yet there was a tinge of uncertainty as to the result, and all concerned wanted to hear it at the earliest moment. The inspection party did not keep us long in waiting, for after a brief conference they turned and rode for the contractors under escort. We rode forward, the troop closed up in close formation about the two vehicles, and the general tension rose to that of rigidity. We halted quietly within easy hearing distance, and without noticing us the commandant addressed himself to the occupants of the conveyances, who were now standing on the seats.

"Gentlemen," said he, with military austerity, "the quality and condition of your cattle places them beyond our consideration. Beef intended for delivery at this post must arrive here with sufficient flesh to withstand the rigors of our winter. When possible to secure them, we prefer Northern wintered cattle, but if they are not available, and we are compelled to receive Southern ones, they must be of the first quality in conformation and flesh. It now becomes my duty to say to you that your beeves are rough, have been over-driven, are tender-footed and otherwise abused, and, having in view the best interests of the service, with the concurrence of my associates, I decline them."

The decision was rendered amid breathless silence. Not a word of exultation escaped one of our party, but the nervous strain rather intensified.

Mr. Y——, the congressman, made the first move. Quietly alighting from the vehicle, he held a whispered conversation with his associates, very composedly turned to the commandant, and said:

"No doubt you are aware that there are higher authorities than the post commander and quartermaster of Fort Buford. This higher court to which I refer saw fit to award a contract for five million pounds of beef to be delivered at this post on foot. Any stipulations inserted or omitted in that article, the customary usages of the War Department would govern. If you will kindly look at the original contract, a copy of which is in your possession, you will notice that nothing is said about the quality of the cattle, just so the pounds avoirdupois are there. The government does not presume, when contracting for Texas cattle, that they will arrive here in perfect order; but so long as the sex, age, and weight have been complied with, there can be no evasion of the contract. My clients are sub-contractors, under an assignment of the original award, are acting in good faith in making this tender, and if your decision is against them, we will make an appeal to the War Department. I am not presuming to tell you your duty, but trust you will take this matter under full advisement before making your decision final."

"Mr. Y—, I have received cattle before without any legal advice or interference of higher authority. Although you have ignored his presence, there is another man here with a tender of beef who is entitled to more than passing consideration. He holds a sub-contract under the original award, and there is no doubt but he is also acting in good faith. My first concern as a receiving agent of this government is that the goods tendered must be of the first quality. Your cattle fall below our established standards here, while his will take rank as the finest lot of beeves ever tendered at this post, and therefore he is entitled to the award. I am not going to stand on any technicalities as to who is legally entitled to make this delivery; there have been charges and counter-charges which have reached me, the justice of which I cannot pass on, but with the cattle it is quite different. I lack but five years of being retired on my rank, the greater portion of which service has been spent on this frontier, and I feel justified in the decision made. The government buys the best, insists on its receiving agents demanding the same, and what few remaining years I serve the flag, there will be no change in my policy."

There was a hurried conference. The "major-domo" was called into the consultation, after which the congressman returned to the attack.

"Colonel, you are forcing us to make a protest to the War Department. As commander at Fort Buford, what right have you to consider the tender of any Tom, Dick, or Harry who may have cattle to sell? Armed with an assignment of the original award, we have tendered you the pounds quantity required by the existing contract, have insisted on the acceptance of the same, and if refused, our protest will be in the War Office before that sun sets. Now, my advice is—"

"I don't give a damn for you nor your advice. My reputation as a soldier is all I possess, and no man can dictate to nor intimidate me. My past record is an open book and one which I am proud of; and while I have the honor to command at Fort Buford, no threats can terrify nor cause me to deviate from my duty. Captain O'Neill, attend orders and escort these vehicles back to their quarters."

The escort loosened out, the conveyances started, and the inspection was over. We were a quiet crowd, though inwardly we all felt like shouting. We held apart from the military party, and when near the herd which held the "Circle Dot" steers, my brother and a number of the boys galloped on ahead and cut out the animals before our arrival. On entering the wagon-road near the post, the military cavalcade halted a moment for us to come up. Lovell was in the lead, and as we halted the commandant said to him: "We have decided to receive your cattle in the morning—about ten o'clock if that hour will be convenient. I may not come over, but the quartermaster's Mr. Sanders will count for us, and you cowmen ought to agree on the numbers. We have delayed you a day, and if you will put in a bill for demurrage, I will approve it. I believe that is all. We'll expect you to spend the night with us at the post. I thought it best to advise you now, so that you might give your men any final orders."



CHAPTER XXIII. KANGAROOED

Lovell and his attorneys joined the cavalcade which returned to the post, while we continued on south, fording the Missouri above Forrest's camp. The two recovered beeves were recognized by their ranch brands as belonging in Bee County, thus identifying them as having escaped from Bob Quirk's herd, though he had previously denied all knowledge of them. The cattle world was a small one, and it mattered little where an animal roamed, there was always a man near by who could identify the brand and give the bovine's past history. With the prospects bright for a new owner on the morrow, these two wayfarers found lodgment among our own for the night.

But when another day dawned, it brought new complications. Instead of the early arrival of any receiving party, the appointed hour passed, noon came, and no one appeared. I had ridden down to the lower camps about the latter hour, yet there was no one who could explain, neither had any word from the post reached Forrest's wagon. Sponsilier suggested that we ride into Buford, and accordingly all three of us foremen started. When we sighted the ford on the Missouri, a trio of horsemen were just emerging from the water, and we soon were in possession of the facts. Sanders, my brother, and Mike Sutton composed the party, and the latter explained the situation. Orders from the War Department had reached Fort Buford that morning, temporarily suspending the post commander and his quartermaster from receiving any cattle intended for that post, and giving notice that a special commissioner was then en route from Minneapolis with full authority in the premises. The order was signed by the first quartermaster and approved by the head of that department; there was no going behind it, which further showed the strength that the opposition were able to command. The little attorney was wearing his war-paint, and we all dismounted, when Sanders volunteered some valuable points on the wintering of Texas cattle in the North. Sutton made a memorandum of the data, saying if opportunity offered he would like to submit it in evidence at the final hearing. The general opinion was that a court of inquiry would be instituted, and if such was the case, our cause was not by any means hopeless.

"The chances are that the opposition will centre the fight on an assignment of the original contract which they claim to hold," said the lawyer, in conclusion. "The point was advanced yesterday that we were intruders, while, on the other hand, the government was in honor bound to recognize its outstanding obligation, no matter in whose hands it was presented, so long as it was accompanied by the proper tender. A great deal will depend on the viewpoint of this special commissioner; he may be a stickler for red tape, with no concern for the service, as were the post commander and quartermaster. Their possession of the original document will be self-evident, and it will devolve on us to show that that assignment was illegal. This may not be as easy as it seems, for the chances are that there may be a dozen men in the gang, with numerous stool-pigeons ready and willing to do their bidding. This contract may demonstrate the possibility of a ring within a ring, with everything working to the same end. The absence of Honest John Griscom at this delivery is significant as proving that his presence at Dodge and Ogalalla was a mistake. You notice, with the exception of Field and Radcliff, they are all new men. Well, another day will tell the story."

The special commissioner could not arrive before the next morning. An ambulance, with relay teams, had left the post at daybreak for Glendive, and would return that night. Since the following promised to be a decisive day, we were requested to bring every available man and report at Fort Buford at an early hour. The trio returned to the post and we foremen to our herds. My outfit received the news in anything but a cheerful mood. The monotony of the long drive had made the men restless, and the delay of a single day in being finally relieved, when looked forward to, was doubly exasperating. It had been over six months since we left the ranch in Medina, and there was a lurking suspicion among a number of the boys that the final decision would be against our cattle and that they would be thrown back on our hands. There was a general anxiety among us to go home, hastened by the recent frosty nights and a common fear of a Northern climate. I tried to stem this feeling, promising a holiday on the morrow and assuring every one that we still had a fighting chance.

We reached the post at a timely hour the next morning. Only three men were left with each herd, my wrangler and cook accompanying us for the day. Parent held forth with quite a dissertation on the legal aspects of the case, and after we forded the river, an argument arose between him and Jake Blair. "Don't talk to me about what's legal and what isn't," said the latter; "the man with the pull generally gets all that he goes after. You remember the Indian and the white man were at a loss to know how to divide the turkey and the buzzard, but in the end poor man got the buzzard. And if you'll just pay a little more attention to humanity, you may notice that the legal aspects don't cut so much figure as you thought they did. The moment that cattle declined five to seven dollars a head, The Western Supply Company didn't trouble themselves as to the legality or the right or wrong, but proceeded to take advantage of the situation at once. Neal, when you've lived about twenty-five years on the cold charity of strangers, you'll get over that blind confidence and become wary and cunning. It might be a good idea to keep your eye open to-day for your first lesson. Anyhow don't rely too strong on the right or justice of anything, but keep a good horse on picket and your powder dry."

The commissioner had arrived early that morning and would take up matters at once. Nine o'clock was set for the hearing, which would take place in the quartermaster's office. Consultations were being held among the two factions, and the only ray of light was the reported frigidity of the special officer. He was such a superior personage that ordinary mortals felt a chill radiating from his person on their slightest approach. His credentials were from the War Department and were such as to leave no doubt but that he was the autocrat of the situation, before whom all should render homage. A rigid military air prevailed about the post and grounds, quite out of the ordinary, while the officers' bar was empty and silent.

The quartermaster's office would comfortably accommodate about one hundred persons. Fort Buford had been rebuilt in 1871, the adobe buildings giving place to frame structures, and the room in which the hearing was to be held was not only commodious but furnished with good taste. Promptly on the stroke of the hour, and escorted by the post adjutant, the grand mogul made his appearance. There was nothing striking about him, except his military bearing; he was rather young and walked so erect that he actually leaned backward a trifle. There was no prelude; he ordered certain tables rearranged, seated himself at one, and called for a copy of the original contract. The post adjutant had all the papers covering the situation in hand, and the copy was placed at the disposal of the special commissioner, who merely glanced at the names of the contracting parties, amount and date, and handed the document back. Turning to the table at which Lovell and his attorneys sat, he asked for the credentials under which they were tendering beeves at Fort Buford. The sub-contract was produced, some slight memorandum was made, and it was passed back as readily as was the original. The opposition were calmly awaiting a similar request, and when it came, in offering the papers, Congressman Y—— took occasion to remark: "Our tender is not only on a sub-contract, but that agreement is fortified by an assignment of the original award, by and between the War Department and The Western Supply Company. We rely on the latter; you will find everything regular."

The customary glance was given the bulky documents. Senator Aspgrain was awaiting the opportune moment to attack the assignment. When it came, the senator arose with dignity and, addressing the commissioner, attempted to enter a protest, but was instantly stopped by that high functionary. A frozen silence pervaded the room. "There is no occasion for any remarks in this matter," austerely replied the government specialist. "Our department regularly awarded the beef contract for this post to The Western Supply Company. There was ample competition on the award, insuring the government against exorbitant prices, and the required bonds were furnished for the fulfillment of the contract. Right then and there all interest upon the part of the grantor ceased until the tender was made at this post on the appointed day of delivery. In the interim, however, it seems that for reasons purely their own, the grantees saw fit to sub-let their contract, not once but twice. Our department amply protected themselves by requiring bonds, and the sub-contractors should have done the same. That, however, is not the matter at issue, but who is entitled to deliver on the original award. Fortunately that point is beyond question; an assignment of the original has always been recognized at the War Office, and in this case the holders of the same are declared entitled to deliver. There is only one provision,—does the article of beef tendered qualify under the specifications? That is the only question before making this decision final. If there is any evidence to the contrary, I am ready to hear it."

This afforded the opportunity of using Sanders as a witness, and Sutton grasped the opportunity of calling him to testify in regard to wintering Southern cattle in the North. After stating his qualifications as a citizen and present occupation, he was asked by the commissioner regarding his experience with cattle to entitle his testimony to consideration. "I was born to the occupation in Texas," replied the witness. "Five years ago this summer I came with beef cattle from Uvalde County, that State, to this post, and after the delivery, accepted a situation under the quartermaster here in locating and holding the government's beeves. At present I am foreman and have charge of all cattle delivered at or issued from this post. I have had five years' experience in wintering Texas cattle in this vicinity, and have no hesitancy in saying that it is a matter of the utmost importance that steers should be in the best possible flesh to withstand our winters. The losses during the most favorable seasons have averaged from one to five per cent., while the same cattle in a severe season will lose from ten to twenty-five, all depending on the condition of the stock with the beginning of cold weather. Since my connection with this post we have always received good steers, and our losses have been light, but above and below this military reservation the per cent. loss has run as high as fifty among thin, weak animals."

"Now, Mr. Sanders," said the special commissioner, "as an expert, you are testifying as to the probable loss to the government in this locality in buying and holding beef on its own account. You may now state if you have seen the tender of beef made by Field, Radcliff & Co., and if so, anticipating the worst, what would be the probable loss if their cattle were accepted on this year's delivery?"

"I was present at their inspection by the officers of this post," replied the witness, "and have no hesitancy in saying that should the coming one prove as hard a winter as '82 was, there would be a loss of fully one half these cattle. At least that was my opinion as expressed to the post commander and quartermaster at the inspection, and they agreed with me. There are half a dozen other boys here whose views on wintering cattle can be had—and they're worth listening to."

This testimony was the brutal truth, and though eternal, was sadly out of place. The opposition lawyers winced; and when Sutton asked if permission would be given to hear the testimony of the post commander and quartermaster, both familiar with the quality of cattle the government had been receiving for years, the commissioner, having admitted damaging testimony, objected on the ground that they were under suspension, and military men were not considered specialists outside their own vocation. Other competent witnesses were offered and objected to, simply because they would not admit they were experts. Taking advantage of the opening, Congressman Y—— called attention to a few facts in passing. This unfortunate situation, he said, in substance, was deeply regretted by his clients and himself. The War Department was to be warmly commended for sending a special commissioner to hear the matter at issue, otherwise unjust charges might have been preferred against old and honored officers in the service. However, if specialists were to be called to testify, and their testimony considered, as to what per cent. of cattle would survive a winter, why not call on the weather prophets to testify just what the coming one would be? He ridiculed the attestations of Sanders as irrelevant, defiantly asserting that the only question at issue was, were there five million pounds of dressed beef in the tender of cattle by Field, Radcliff & Co. He insisted on the letter in the bond being observed. The government bought cattle one year with another, and assumed risks as did other people. Was there any man present to challenge his assertion that the pounds quantity had been tendered?

There was. Don Lovell arose, and addressing the special commissioner, said: "Sir, I am not giving my opinion as an expert but as a practical cowman. If the testimony of one who has delivered over ninety thousand cattle to this government, in its army and Indian departments, is of any service to you, I trust you will hear me patiently. No exception is taken to your ruling as to who is entitled to deliver on the existing award; that was expected from the first. I have been contracting beef to this government for the past fifteen years, and there may be tricks in the trade of which I am ignorant. The army has always demanded the best, while lower grades have always been acceptable to the Indian Department. But in all my experience, I have never tendered this government for its gut-eating wards as poor a lot of cattle as I am satisfied that you are going to receive at the hands of Field, Radcliff & Co. I accept the challenge that there are not five million pounds of dressed beef in their tender to-day, and what there is would be a disgrace to any commonwealth to feed its convicts. True, these cattle are not intended for immediate use, and I make the counter-assertion that this government will never kill out fifty per cent. of the weight that you accept to-day. Possibly you prefer the blandishments of a lobbyist to the opinion of a practical cowman like Sanders. That's your privilege. You refuse to allow us to show the relationship between The Western Supply Company and the present holders of its assignment, and in doing so I charge you with being in collusion with these contractors to defraud the government!"

"You're a liar!" shouted Congressman Y——, jumping to his feet. The only reply was a chair hurled from the hand of Sutton at the head of the offender, instantly followed by a rough house. Several officers present sprang to the side of the special commissioner, but fortunately refrained from drawing revolvers. I was standing at some distance from the table, and as I made a lunge forward, old man Don was hurled backward into my arms. He could not whip a sick chicken, yet his uncontrollable anger had carried him into the general melee and he had been roughly thrown out by some of his own men. They didn't want him in the fight; they could do all that was necessary. A number of soldiers were present, and while the officers were frantically commanding them to restore order, the scrap went merrily on. Old man Don struggled with might and main, cursing me for refusing to free him, and when one of the contractors was knocked down within easy reach, I was half tempted to turn him loose. The "major-domo" had singled out Sponsilier and was trying issues with him, Bob Quirk was dropping them right and left, when the deposed commandant sprang upon a table, and in a voice like the hiss of an adder, commanded peace, and the disorder instantly ceased.

The row had lasted only a few seconds. The opposing sides stood glaring daggers at each other, when the commissioner took occasion to administer a reproof to all parties concerned, referring to Texas in not very complimentary terms. Dave Sponsilier was the only one who had the temerity to offer any reply, saying, "Mr. Yank, I'll give you one hundred dollars if you'll point me out the grave of a man, woman, or child who starved to death in that state."

A short recess was taken, after which apologies followed, and the commissioner resumed the hearing. A Western lawyer, named Lemeraux, made a very plausible plea for the immediate acceptance of the tender of Field, Radcliff & Co. He admitted that the cattle, at present, were not in as good flesh as his clients expected to offer them; that they had left the Platte River in fine condition, but had been twice quarantined en route. He was cautious in his remarks, but clearly intimated that had there been no other cattle in competition for delivery on this award, there might have been no quarantine. In his insinuations, the fact was adroitly brought out that the isolation of their herds, if not directly chargeable to Lovell and his men, had been aided and abetted by them, retarding the progress of his clients' beeves and forcing them to travel as fast as twenty-five miles a day, so that they arrived in a jaded condition. Had there been no interference, the tender of Field, Radcliff & Co. would have reached this post ten days earlier, and rest would soon have restored the cattle to their normal condition. In concluding, he boldly made the assertion that the condition of his client's tender of beef was the result of a conspiracy to injure one firm, that another drover might profit thereby; that right and justice could be conserved only by immediately making the decision final, and thus fearlessly silencing any and all imputations reflecting on the character of this government's trusted representatives.

The special commissioner assumed an air of affected dignity and announced that a conclusion had been arrived at. Turning to old man Don, he expressed the deepest regret that a civilian was beyond his power to punish, otherwise he would have cause to remember the affront offered himself; not that he personally cared, but the department of government which he had the honor to serve was jealous of its good name. Under the circumstances he could only warn him to be more guarded hereafter in choosing his language, and assured Lovell that it was in his power to escort any offender off that military reservation. Pausing a moment, he resumed a judicial air, and summed up the situation:

"There was no occasion," said he, in an amiable mood, "to refer this incident to the War Department if the authorities here had gone about their work properly. Fortunately I was in Minneapolis adjusting some flour accounts, when I was ordered here by the quartermaster-general. Instead of attempting to decide who had the best tender of cattle, the one with the legal right alone should have been considered. Our department is perfectly familiar with these petty jealousies, which usually accompany awards of this class, and generally emanate from disappointed and disgruntled competitors. The point is well taken by counsel that the government does not anticipate the unforeseen, and it matters not what the loss may be from the rigors of winter, the contractor is exempt after the day of delivery. If the cattle were delayed en route, as has been asserted, and it was necessary to make forced drives in order to reach here within the specified time, all this should be taken into consideration in arriving at a final conclusion. On his reinstatement, I shall give the quartermaster of this post instructions, in receiving these cattle, to be governed, not so much by their present condition as by what they would have been had there been no interference. Now in behalf of the War Department, I declare the award to The Western Supply Company, and assigned to Field, Radcliff, and associates, to have been fulfilled to the satisfaction of all parties concerned. This closes the incident, and if there is nothing further, the inquiry will stand adjourned without date."

"One moment, if you please," said Don Lovell, addressing the commissioner and contractors; "there is a private matter existing between Field, Radcliff & Co. and myself which demands an understanding between us. I hold a sum of money, belonging to them, as indemnity against loss in driving ten thousand cattle from Southern Texas to this post. That I will sustain a heavy loss, under your decision, is beyond question. I am indemnified to the amount of about six dollars and a half a head, and since the government is exempt from garnishment and the contractors are wholly irresponsible, I must content myself with the money in hand. To recover this amount, held as indemnity, suit has been threatened against me. Of course I can't force their hands, but I sincerely hope they will feel exultant enough over your kangaroo decision to file their action before taking their usual outing in Europe. They will have no trouble in securing my legal address, my rating can be obtained from any commercial agency, and no doubt their attorneys are aware of the statute of limitation in my state. I believe that's all, except to extend my thanks to every one about Fort Buford for the many kind attentions shown my counsel, my boys, and myself. To my enemies, I can only say that I hope to meet them on Texas soil, and will promise them a fairer hearing than was accorded me here to-day. Mr. Commissioner, I have always prided myself on being a good citizen, have borne arms in defense of my country, and in taking exception to your decision I brand you as the most despicable member of The Western Supply Company. Any man who will prostitute a trust for a money consideration—"

"That's enough!" shouted the special commissioner, rising. "Orderly, call the officer of the day, and tell him I want two companies of cavalry to furnish an escort for this man and his herds beyond the boundaries of this military reservation." Looking Lovell in the face, he said: "You have justly merited a severe punishment, and I shall report your reflections to the War and Indian departments, and you may find it more difficult to secure contracts in the future. One of you officers detail men and take charge of this man until the escort is ready. The inquiry is adjourned."



CHAPTER XXIV. THE WINTER OF OUR DISCONTENT

The inquiry was over before noon. A lieutenant detailed a few men and made a pretense of taking possession of Lovell. But once the special commissioner was out of sight, the farce was turned into an ovation, and nearly every officer in the post came forward and extended his sympathy. Old man Don was visibly affected by the generous manifestations of the military men in general, and after thanking each one personally, urged that no unnecessary demonstration should be made, begging that the order of escort beyond the boundary of the reservation be countermanded. No one present cared to suggest it, but gave assurance that it would be so modified as not in any way to interfere with the natural movement of the herds. Some little time would be required to outfit the forage-wagons to accommodate the cavalry companies, during which my brother rode up, leading Lovell's horse, permission was given to leave in advance of the escort, and we all mounted and quietly rode away.

The sudden turn of affairs had disconcerted every man in the three outfits. Just what the next move would be was conjecture with most of us, though every lad present was anxious to know. But when we were beyond the immediate grounds, Lovell turned in his saddle and asked which one of us foremen wanted to winter in the North. No one volunteered, and old man Don continued: "Anticipating the worst, I had a long talk this morning with Sanders, and he assured me that our cattle would go through any winter without serious loss. He suggested the Little Missouri as a good range, and told me of a hay ranch below the mouth of the Beaver. If it can be bought reasonably, we would have forage for our horses, and the railroad is said to be not over forty miles to the south. If the government can afford to take the risk of wintering cattle in this climate, since there is no other choice, I reckon I'll have to follow suit. Bob and I will take fresh horses and ride through to the Beaver this afternoon, and you fellows follow up leisurely with the cattle. Sanders says the winters are dry and cold, with very little if any snowfall. Well, we're simply up against it; there's no hope of selling this late in the season, and nothing is left us but to face the music of a Northern winter."

As we turned in to ford the Missouri, some one called attention to a cavalry company riding out from their quarters at the post. We halted a moment, and as the first one entered the road, the second one swung into view, followed by forage-wagons. From maps in our possession we knew the southern boundary of the Fort Buford military reservation must be under twenty miles to the south, and if necessary, we could put it behind us that afternoon. But after crossing the river, and when the two troops again came in view, they had dropped into a walk, passing entirely out of sight long before we reached Forrest's camp. Orders were left with the latter to take the lead and make a short drive that evening, at least far enough to convince observers that we were moving. The different outfits dropped out as their wagons were reached, and when my remuda was sighted, old man Don ordered it brought in for a change of horses. One of the dayherders was at camp getting dinner, and inviting themselves to join him, my employer and my brother helped themselves while their saddles were shifted to two of my well-rested mounts. Inquiry had been made of all three of the outfits if any ranch had been sighted on the Beaver while crossing that creek, but the only recollection among the forty-odd men was that of Burl Van Vedder, who contended that a dim trail, over which horses had passed that summer, ran down on the south side of the stream.

With this meagre information Lovell and my brother started. A late dinner over and the herders relieved, we all rode for the nearest eminence which would afford us a view. The cavalry were just going into camp below O'Brien's ranch, their forage-train in sight, while Forrest's cattle were well bunched and heading south. Sponsilier was evidently going to start, as his team was tied up and the saddle stock in hand, while the herd was crossing over to the eastern side of the Yellowstone. We dismounted and lay around for an hour or so, when the greater portion of the boys left to help in the watering of our herd, the remainder of us doing outpost duty. Forrest had passed out of sight, Sponsilier's wagon and remuda crossed opposite us, going up the valley, followed by his cattle in loose grazing order, and still we loitered on the hill. But towards evening I rode down to where the cavalry was encamped, and before I had conversed very long with the officers, it was clear to me that the shorter our moves the longer it would extend their outing. Before I left the soldier camp, Sanders arrived, and as we started away together, I sent him back to tell the officers to let me know any time they could use half a beef. On reaching our wagon, the boys were just corralling the saddle stock for their night-horses, when Sanders begged me to sell him two which had caught his fancy. I dared not offer them; but remembering the fellow's faithful service in our behalf, and that my employer expected to remember him, I ordered him to pick, with Don Lovell's compliments, any horse in the remuda as a present.

The proposition stunned Sanders, but I insisted that if old man Don was there, he would make him take something. He picked a good horse out of my mount and stayed until morning, when he was compelled to return, as the probabilities were that they would receive the other cattle some time during the day. After breakfast, and as he was starting to return, he said, "Well, boys, tell the old man that I don't expect ever to be able to return his kindness, though I'd ride a thousand miles for the chance. One thing sure, there isn't a man in Dakota who has money enough to tempt me to part with my pelon. If you locate down on the Little Missouri, drop me a line where you are at, and if Lovell wants four good men, I can let him have them about the first of December. You through lads are liable to be scared over the coming winter, and a few acclimated ones will put backbone in his outfit. And tell the old man that if I can ever do him a good turn just to snap his fingers and I'll quit the government—he's a few shades whiter than it, anyhow."

The herd had already left the bed-ground, headed south. About five miles above O'Brien's, we recrossed to the eastern side of the Yellowstone, and for the next three days moved short distances, the military always camped well in our rear. The fourth morning I killed a beef, a forage-wagon came forward and took half of it back to the cavalry camp with our greetings and farewell, and we parted company. Don Lovell met us about noon, elated as a boy over his purchase of the hay ranch. My brother had gone on to the railroad and thence by train to Miles City to meet his remuda and outfit. "Boys, I have bought you a new home," was the greeting of old man Don, as he dismounted at our noon camp. "There's a comfortable dugout, stabling for about ten horses, and seventy-five tons of good hay in the stack. The owner was homesick to get back to God's country, and he'll give us possession in ten days. Bob will be in Little Missouri to-day and order us a car of sacked corn from Omaha, and within a month we'll be as snug as they are down in old Medina. Bob's outfit will go home from Miles, and if he can't sell his remuda he'll bring it up here. Two of these outfits can start back in a few days, and afterward the camp will be reduced to ten men."

Two days later Forrest veered off and turned his cattle loose below the junction of the Beaver with the Little Missouri. Sponsilier crossed the former, scattering his beeves both up and down the latter, while I cut mine into a dozen bunches and likewise freed them along the creek. The range was about ten miles in length along the river, and a camp was established at either end where men would be stationed until the beeves were located. The commissaries had run low, there was a quiet rivalry as to which outfits should go home, and we all waited with bated breath for the final word. I had Dorg Seay secretly inform my employer that I had given Sanders a horse without his permission, hoping that it might displease him. But the others pointed out the fact that my outfit had far the best remuda, and that it would require well-mounted men to locate and hold that number of cattle through the winter. Old man Don listened to them all, and the next morning, as all three of us foremen were outlining certain improvements about the hay ranch with him, he turned to me and said:

"Tom, I hear you gave Sanders a horse. Well, that was all right, although it strikes me you were rather liberal in giving him the pick of a choice remuda. But it may all come right in the long run, as Bob and I have decided to leave you and your outfit to hold these cattle this winter. So divide your men and send half of them down to Quince's camp, and have your cook and wrangler come over to Dave's wagon to bring back provision and the horses, as we'll start for the railroad in the morning. I may not come back, but Bob will, and he'll see that you are well fixed for the winter before he goes home. After he leaves, I want you to write me every chance you have to send a letter to the railroad. Now, I don't want any grumbling out of you or your men; you're a disgrace to the state that raised you if you can't handle cattle anywhere that any other man can."

I felt all along it would fall to me, the youngest of six foremen; and my own dear brother consigning me to a winter in the North, while he would bask in the sunshine of our own sunny South! It was hard to face; but I remembered that the fall before it had been my lot to drive a thousand saddle horses home to the ranch, and that I had swaggered as a trail foreman afterward as the result. It had always been my luck to have to earn every little advance or promotion, while others seemed to fall into them without any effort. Bob Quirk never saw the day that he was half the all-round cowman that I was; yet he was above me and could advise, and I had to obey.

On the morning of the 25th of September, 1884, the two outfits started for the railroad, leaving the remainder of us in a country, save for the cattle, so desolate that there was no chance even to spend our wages. I committed to memory a curtain lecture for my brother, though somehow or other it escaped me and was never delivered. We rode lines between the upper and lower wagons, holding the cattle loosely on a large range. A delightful fall favored us, and before the first squall of winter came on, the beeves had contented themselves as though they had been born on the Little Missouri. Meanwhile Bob's wagon and remuda arrived, the car of corn was hauled to our headquarters, extra stabling was built, and we settled down like banished exiles. Communication had been opened with Fort Buford, and in the latter part of October the four promised men arrived, when Bob Quirk took part of my outfit and went home, leaving me ten men. Parent remained as cook, the new men assimilated easily, a fiddle was secured, and in fulfillment of the assertion of Sanders, we picked up courage. Two grain-fed horses, carefully stabled, were allowed to each man, the remainder of our large number of saddle stock running free on the range.

To that long winter on the Little Missouri a relentless memory turns in retrospect. We dressed and lived like Eskimos. The first blizzard struck us early in December, the thermometer dropped sixty degrees in twelve hours, but in the absence of wind and snow the cattle did not leave the breaks along the river. Three weeks later a second one came, and we could not catch the lead animals until near the railroad; but the storm drove them up the Little Missouri, and its sheltering banks helped us to check our worst winter drift. After the first month of wintry weather, the dread of the cold passed, and men and horses faced the work as though it was springtime in our own loved southland. The months rolled by scarcely noticed. During fine weather Sanders and some of his boys twice dropped down for a few days, but we never left camp except to send letters home.

An early spring favored us. I was able to report less than one per cent. loss on the home range, with the possibility of but few cattle having escaped us during the winter. The latter part of May we sold four hundred saddle horses to some men from the upper Yellowstone. Early in June a wagon was rigged out, extra men employed, and an outfit sent two hundred miles up the Little Missouri to attend the round-ups. They were gone a month and came in with less than five hundred beeves, which represented our winter drift. Don Lovell reached the ranch during the first week in July. One day's ride through the splendid cattle, and old man Don lost his voice, but the smile refused to come off. Everything was coming his way. Field, Radcliff & Co. had sued him, and the jury awarded him one-hundred thousand dollars. His bankers had unlimited confidence in his business ability; he had four Indian herds on the trail and three others of younger steers, intended for the Little Missouri ranch. Cattle prices in Texas had depreciated nearly one half since the spring before—"a good time for every cowman to strain his credit and enlarge his holdings," my employer assured me.

Orders were left that I was to begin shipping out the beeves early in August. It was the intention to ship them in two and three train-load lots, and I was expecting to run a double outfit, when a landslide came our way. The first train-load netted sixty dollars a head at Omaha—but they were beeves; cods like an ox's heart and waddled as they walked. We had just returned from the railroad with the intention of shipping two train-loads more, when the quartermaster and Sanders from Fort Buford rode into the ranch under an escort. The government had lost forty per cent. of the Field-Radcliff cattle during the winter just passed, and were in the market to buy the deficiency. The quartermaster wanted a thousand beeves on the first day of September and October each, and double that number for the next month. Did we care to sell that amount? A United States marshal, armed with a search-warrant, could not have found Don Lovell in a month, but they were promptly assured that our beef steers were for sale. It is easy to show prime cattle. The quartermaster, Sanders, and myself rode down the river, crossed over and came up beyond our camp, forded back and came down the Beaver, and I knew the sale was made. I priced the beeves, delivered at Buford, at sixty-five dollars a head, and the quartermaster took them.

Then we went to work in earnest. Sanders remained to receive the first contingent for Buford, which would leave our range on the 25th of each month. A single round-up and we had the beeves in hand. The next morning after Splann left for the mouth of the Yellowstone, I started south for the railroad with two train-loads of picked cattle. Professional shippers took them off our hands at the station, accompanied them en route to market, and the commission house in Omaha knew where to remit the proceeds. The beef shipping season was on with a vengeance. Our saddle stock had improved with a winter in the North, until one was equal to two Southern or trail horses. Old man Don had come on in the mean time, and was so pleased with my sale to the army post that he returned to Little Missouri Station at once and bought two herds of three-year-olds at Ogalalla by wire. This made sixteen thousand steer cattle en route from the latter point for Lovell's new ranch in Dakota.

"Tom," said old man Don, enthusiastically, "this is the making of a fine cattle ranch, and we want to get in on the flood-tide. There is always a natural wealth in a new country, and the goldmines of this one are in its grass. The instinct that taught the buffalo to choose this as their summer and winter range was unerring, and they found a grass at hand that would sustain them in any and all kinds of weather. This country to-day is just what Texas was thirty years ago. All the early settlers at home grew rich without any effort, but once the cream of the virgin land is gone, look out for a change. The early cowmen of Texas flatter themselves on being shrewd and far-seeing—just about as much as I was last fall, when I would gladly have lost twenty-five thousand dollars rather than winter these cattle. Now look where I will come out, all due to the primitive wealth of the land. From sixty to sixty-five dollars a head beats thirty-seven and a half for our time and trouble."

The first of the through cattle arrived early in September. They avoided our range for fear of fever, and dropped in about fifteen miles below our headquarters on the Little Missouri. Dorg Seay was one of the three foremen, Forrest and Sponsilier being the other two, having followed the same route as our herds of the year before. But having spent a winter in the North, we showed the through outfits a chilling contempt. I had ribbed up Parent not even to give them a pleasant word about our wagon or headquarters; and particularly if Bob Quirk came through with one of the purchased herds, he was to be given the marble heart. One outfit loose-herded the new cattle, the other two going home, and about the middle of the month, my brother and The Rebel came trailing in with the last two herds. I was delighted to meet my old bunkie, and had him remain over until the last outfit went home, when we reluctantly parted company. Not so, however, with Bob Quirk, who haughtily informed me that he came near slapping my cook for his effrontery. "So you are another one of these lousy through outfits that think we ought to make a fuss over you, are you?" I retorted. "Just you wait until we do. Every one of you except old Paul had the idea that we ought to give you a reception and ask you to sleep in our beds. I'm glad that Parent had the gumption to give you a mean look; he'll ride for me next year."

The month of October finished the shipping. There was a magic in that Northern climate that wrought wonders in an animal from the South. Little wonder that the buffalo could face the blizzard, in a country of his own choosing, and in a climate where the frost king held high revel five months out of the twelve. There was a tonic like the iron of wine in the atmosphere, absorbed alike by man and beast, and its possessor laughed at the fury of the storm. Our loss of cattle during the first winter, traceable to season, was insignificant, while we sold out over two hundred head more than the accounts called for, due to the presence of strays, which went to Buford. And when the last beef was shipped, the final delivery concluded to the army, Don Lovell was a quarter-million dollars to the good, over and above the contract price at which he failed to deliver the same cattle to the government the fall before.

As foreman of Lovell's beef ranch on the Little Missouri I spent five banner years of my life. In '89 the stock, good-will, and range were sold to a cattle syndicate, who installed a superintendent and posted rules for the observance of its employees. I do not care to say why, but in a stranger's hands it never seemed quite the same home to a few of us who were present when it was transformed into a cattle range. Late that fall, some half-dozen of us who were from Texas asked to be relieved and returned to the South. A traveler passing through that country to-day will hear the section about the mouth of the Beaver called only by the syndicate name, but old-timers will always lovingly refer to it as the Don Lovell Ranch.

THE END