The Rules of the Game Part 85

The meal went forward in absolute silence, which Bob knew better than to interrupt. It ended for each as he or she finished eating. The two women were left at the last quite alone. Bob followed his host to the veranda.

There he silently offered the old man a cigar; the younger men had vanished.

Samuels took the cigar with a grunt of thanks, smelled it carefully, bit an inch off the end, and lit it with a slow-burning sulphur match. Bob also lit up.

For one hour and a half--two cigars apiece--the two sat side by side without uttering a syllable. The velvet dark drew close. The heavens sparkled as though frosted with light. Bob, sitting tight on what he knew was the one and only plan to accomplish his purpose, began to despair of his chance. Of his companion he could make out dimly only the white of his hair and beard, the glowing fire of his cigar. Inside the house the noises made by the inhabitants thereof increased and died away; evidently the household was seeking its slumber. A tree-toad chirped, loudest in all the world of stillness.

Suddenly, without warning, the old man sc.r.a.ped back his chair. Bob's heart leaped. Was his one chance escaping him? Then to his relief Samuels spoke. The long duel of silence was at an end.

XIV

"What might your name be?" inquired Samuels.

"Orde."

"I heerd of you ... what might you be doing up here?"

"I'm just riding through."

"Best thing any of you can do," commented the old man grimly.

"I wish you'd tell me now why you jumped on me so this evening," said Bob.

"If you don't know, you're a fool," growled Samuels.

"I've knocked around a good deal," persisted Bob, "and I've discovered that one side always sounds good until you hear the other man's story.

I've only heard one side of this one."

"And that's all you're like to hear," Samuels told him. "You don't get no evidence out of me against myself."

Bob laughed.

"You're mighty suspicious--and I don't know as I blame you. Bless your soul, what evidence do you suppose I could get from you in a case like this? You've already made it clear enough with that old blunderbuss of yours what you think of the merits of the case. I asked you out of personal interest. I know the Government claims you don't own this place; and I was curious to know why you think you do. The Government reasoning looks pretty conclusive to a man who doesn't know all the circ.u.mstances."

"Oh, it is, is it!" cried Samuels, stung to anger. "Well, what claim do you think the Government has?"

But Bob was too wily to be put in the aggressive.

"I'm not thinking; I'm asking," said he. "They say you're holding this for the timber, and never proved up."

"I took it up bony-fidy," fairly shouted Samuels. "Do you think a man plants an orchard and such like on a timber claim. The timber is worth something, of course. Well, don't every man take up timber? What about that Wolverine Company of yours? What about the Yellow Pine people? What about everybody, everywhere? Ain't I got a right to it, same as everybody else?"

He leaned forward, pounding his knee. A querulous and sleepy voice spoke up from the interior of the cabin:

"Oh, pa, for heaven's sake don't holler so!"

The old man paused in mid-career. Over the treetops the moon was rising slowly. Its light struck across the lower part of the verandah, showing clearly the gnarled hand of the mountaineer suspended above his st.u.r.dy knee; casting into dimness the silver of his ma.s.sive head. The hand descended noiselessly.

"Ain't I got my rights, same as another man?" he asked, more reasonably.

"Just because I left out some little piece of their cussed red-tape am I a-goin' to be turned out bag and baggage, child, kit, and kaboodle, while fifty big men steal, just plain steal, a thousand acres apiece and there ain't nothing said? Not if I know it!"

He talked on. Slowly Bob came to an understanding of the man's position.

His argument, stripped of its verbiage and self-illusion, was simplicity itself. The public domain was for the people. Men selected therefrom what they needed. All about him, for fifty years, homesteads had been taken up quite frankly for the sake of timber. n.o.body made any objections. n.o.body even pretended that these claims were ever intended to be lived on. The barest letter of the law had been complied with.

"I've seen a house, made out'n willow branches, and out'n coal-oil cans, called resident buildin's under the act," said Samuels, "and _they_ was so lost in the woods that it needed a compa.s.s to find 'em."

He, Samuels, on the other hand, had actually planted an orchard and made improvements, and even lived on the place for a time. Then he had let the claim lapse, and only recently had decided to resume what he sincerely believed to be his rights in the matter.

Bob did not at any point suggest any of the counter arguments he might very well have used. He listened, leaning back against the rail, watching the moonlight drop log by log as the luminary rose above the verandah roof.

"And so there come along last week a ranger and started to tack up a sign bold as bra.s.s that read: 'Property of the United States.' Property of h.e.l.l!"

He ceased talking. Bob said nothing.

"Now you got it; what you think?" asked the old man at last.

"It's tough luck," said Bob. "There's more to be said for your side of the case than I had thought."

"There's a lot more goin' to be said yet," stated Samuels, truculently.

"But I'm afraid when it comes right down to the law of it, they'll decide against your claim. The law reads pretty plain on how to go about it; and as I understand it, you never did prove up."

"My lawyer says if I hang on here, they never can get me out," said Samuels, "and I'm a-goin' to hang on."

"Well, of course, that's for the courts to decide," agreed Bob, "and I don't claim to know much about law--nor want to."

"Me neither!" agreed the mountaineer fervently.

"But I've known of a dozen cases just like yours that went against the claimant. There was the Brown case in Idaho, for instance, that was exactly like yours. Brown had some money, and he fought it through up to the Supreme Court, but they decided against him."

"How was that?" asked Samuels.

Bob explained at length, dispa.s.sionately, avoiding even the colour of argument, but drawing strongly the parallel.

"Even if you could afford it, I'm almighty afraid you'd run up against exactly the same thing," Bob concluded, "and they'd certainly use the Brown case as a precedent."

"Well, I've got money!" said Samuels. "Don't you forget it. I don't have to live in a place like this. I've got a good, sawn-lumber house, painted, in Durham and a garden of posies."

"I'd like to see it," said Bob.

"Sometime you get to Durham, ask for me," invited Samuels.

"Well, I see how you feel. If I were in your fix, I'd probably fight it too, but I'm morally certain they'd get you in the courts. And it is a tremendous expense for nothing."

"Well, they've got to git me off'n here first," threatened Samuels.