The Rules of the Game Part 88

And finally, as a third cla.s.s, he was able, as in Samuels's case, to declare war on behalf of the Government. Men who had already taken up all the timber claims to which they or their families were legally ent.i.tled, nevertheless added an alleged homestead to the lot. Other men were taking advantage of twists and interpretations of the law to gain possession of desirable tracts of land still included in the National Forests. These men knew the letter of the law well enough, and took pains to conform accurately to it. Their lapses were of intention. The excuses were many--so-called mineral claims, alleged agricultural land, all the exceptions to reservation mentioned in the law; the actual ends aimed at were two--water rights or timber. In these cases Bob reported uncompromisingly against the granting of the final papers. Thousands of acres, however, had been already conveyed. Over these, naturally, he had no jurisdiction, but he kept his eyes open, and acc.u.mulated evidence which might some day prove useful in event of a serious effort to regain those lands that had been acquired by provable fraud.

But on the borderland between these sharply defined cla.s.ses lay many in the twilight zone. Bob, without knowing it, was to a certain extent exercising a despotic power. He possessed a lat.i.tude of choice as to which of these involved land cases should be pushed to a court decision.

If the law were to be strictly and literally interpreted, there could be no doubt but that each and every one of these numerous claimants could be haled to court to answer for his short-comings. But that, in many instances, could not but work an unwarranted hards.h.i.+p. The expenses alone, of a journey to the state capital, would strain to the breaking point the means of some of the more impecunious. Insisting on the minutest technicalities would indubitably deprive many an honest, well-meaning homesteader of his entire worldly property. It was all very well to argue that ignorance of the law was no excuse; that it is a man's own fault if he does not fulfill the simple requirements of taking up public land. As a matter of cold fact, in such a situation as this, ignorance is an excuse. Legalizing apart, the rigid and invariable enforcement of the law can be tyrannical. Of course, this can never be officially recognized; that would shake the foundations. But it is not to be denied that the literal and universal and _invariable_ enforcement of the minute letter of any law, no matter how trivial, for the s.p.a.ce of three months would bring about a mild revolution. As witness the sweeping and startling effects always consequent on an order from headquarters to its police to "enforce rigidly"--for a time--some particular city ordinance. Whether this is a fault of our system of law, or a defect inherent in the absolute logic of human affairs, is a matter for philosophy to determine. Be that as it may, the powers that enforce law often find themselves on the horns of a dilemma. They must take their choice between tyranny and despotism.

So, in a mild way, Bob had become a despot. That is to say, he had to decide to whom a broken law was to apply, and to whom not, and this without being given any touchstone of choice. The matter rested with his own experience, knowledge and personal judgment. Fortunately he was a beneficent despot. A man evilly disposed, like Plant, could have worked incalculable harm for others and great financial benefit to himself.

That this is not only possible but inevitable is another defect of law or system. No sane man for one single instant believes that literal enforcement of every law at all times is either possible or desirable.

No sane man for one single instant believes that the law can be excepted to or annulled for especial occasions without undermining the public confidence and public morals. Yet where is the middle ground?

In Bob's capacity as beneficent despot, he ran against many problems that taxed his powers. It was easy to say that Samuels, having full intention to get what he very well knew he had no right to have, and for acquiring which he had no excuse save that others were allowed to do likewise, should be proceeded against vigorously. It was likewise easy to determine that Ward, who had lived on his mountain farm, and cultivated what he could, and had himself made shakes of his timber, but who had blundered his formal processes, should be given a chance to make good. But what of the doubtful cases? What of the cases wherein apparently legality and equity took opposite sides?

Bob had adventures in plenty. For lack of a better system, he started at the north end and worked steadily south, examining with patience the pedigree of each and every private holding within the confines of the National Forests. These were at first small and isolated. Only one large tract drew his attention, that belonging to old Simeon Wright in the big meadows under Black Peaks. These meadows, occupying a wide plateau grown spa.r.s.ely with lodgepole pine, covered perhaps a thousand acres of good grazing, and were held legally, but without the shadow of equity, by the old land pirate who owned so much of California. In going over both the original records, the newer geological survey maps, and the country itself, Bob came upon a discrepancy. He asked and obtained leave for a resurvey. This determined that Wright's early-day surveyor had made a mistake--no extraordinary matter in a wild country so remote from base lines. Simeon's holdings were actually just one mile farther north, which brought them to the top of a bald granite ridge. His t.i.tle to this was indubitable; but the broad and valuable meadows belonged still to the Government. As the case was one of fact merely, Wright had no opportunity to contest, or to exercise his undoubtedly powerful influence. The affair served, however, to draw Bob's name and activities into the sphere of his notice.

Among the mountain people Bob was at first held in a distrust that sometimes became open hostility. He received threats and warnings innumerable. The Childs boys sent word to him, and spread that word abroad, that if this government inspector valued his life he would do well to keep off Iron Mountain. Bob promptly saddled his horse, rode boldly to the Childs' shake camp, took lunch with them, and rode back, speaking no word either of business or of threats. Having occasion to take a meal with some poor, squalid descendants of hog-raising Pike County Missourians, he detected a queer bitterness to his coffee, managed unseen to empty the cup into his canteen, and later found, as he had suspected, that an attempt had been made to poison him. He rode back at once to the cabin. Instead of taxing the woman with the deed--for he shrewdly suspected the man knew nothing of it--he reproached her with condemning him unheard.

"I'm the best friend you people have," said he. "It isn't my fault that you are in trouble with the regulations. The Government must straighten these matters out. Don't think for a minute that the work will stop just because somebody gets away with me. They'll send somebody else. And the chances are, in that case, they'll send somebody who is instructed to stick close to the letter of the law: and who will turn you out mighty sudden. I'm trying to do the best I can for you people."

This family ended by giving him its full confidence in the matter. Bob was able to save the place for them.

Gradually his refusal to take offence, his refusal to debate any matter save on the impersonal grounds of the Government servant acting solely for his masters, coupled with his willingness to take things into consideration, and his desire to be absolutely fair, won for Bob a reluctant confidence. At the north end men's minds were as yet too inflamed. It is a curious matter of flock psychology that if the public mind ever occupies itself fully with an idea, it thereby becomes for the time being blind, impervious, to all others. But in other parts of the mountains Bob was not wholly unwelcome; and in one or two cases--which pleased him mightily--men came in to him voluntarily for the purpose of asking his advice.

In the meantime the Samuels case had come rapidly to a crisis. The resounding agitation had resulted in the sending of inspectors to investigate the charges against the local officials. The first of these inspectors, a rather precise and formal youth fresh from Eastern training, was easily handled by the versatile Erbe. His report, voluminous as a tariff speech, and couched in very official language, exonerated Thorne and Orde of dishonesty, of course, but it emphasized their "lack of tact and business ability," and condemned strongly their att.i.tude in the Durham matter. This report would ordinarily have gone no farther than the district office, where it might have been acted on by the officers in charge to the great detriment of the Service. At that time the evil of sending out as inspectors men admirably trained in theory but woefully lacking in practice and the knowledge of Western humankind was one of the great menaces to effective personnel.

Fortunately this particular report came into the hands of the Chief, who happened to be touring in the West. A fuller investigation exposed to the sapient experience of that able man the gullibility of the inspector. From the district a brief statement was issued upholding the local administration.

The agitation, thus deprived of its chief hope, might very well have been expected to simmer down, to die away slowly. As a matter of fact, it collapsed. The newspaper attacks ceased; the public meetings were discontinued; the saloons and other storm centres applied their powers to a discussion of the Gans-Nelson fight. Samuels was very briefly declared a trespa.s.ser by the courts. Erbe disappeared from the case.

The United States Marshal, riding up with a posse into a supposedly hostile country, found no opposition to his enforcement of the court's decree. Only old Samuels himself offered an undaunted defence, but was soon dislodged and led away by men who half-pitied, half-ridiculed his violence. The sign "Property of the U.S." resumed its place. Thorne made of the ancient homestead a ranger's post.

"It's incomprehensible as a genuine popular movement," said he on one of Bob's periodical returns to headquarters. The young man now held a commission, and lived with the Thornes when at home. "The opposition up there was so rabid and it wilted too suddenly."

"'The mutable many,'" quoted Amy.

But Thorne shook his head.

"It's as though they'd p.r.i.c.ked a balloon," said he. "They don't love us up there, yet; but it's no worse now than it used to be here. Last week it was actually unsafe on the streets. If they were so strong for Samuels then, why not now? A mere court decision could not change their minds so quickly. I should have expected the real bitterness and the real resistence when the Marshal went up to put the old man off."

"That's the way I sized it up," admitted Bob.

"It's as if somebody had turned off the steam and the engine quit running," said Thorne, "and for that reason I'm more than ever convinced that it was a made agitation. Samuels was only an excuse."

"What for?" asked Bob.

"Struck me the same way," put in California John. "Reminded me of the war. Looked like they held onto this as a sort of first defence as long as they could, and then just abandoned it and dropped back."

"That's it," nodded Thorne. "That's my conclusion. Somebody bigger than Samuels fears investigation; and they hoped to stop our sort of investigation short at Samuels. Well, they haven't succeeded."

Amy arose abruptly and ran to her filing cases.

"That ought to be easily determined," she cried, looking over her shoulder with s.h.i.+ning eyes. "I have the papers about all ready for the whole of our Forest. Here's a list of the private holdings, by whom held, how acquired and when." She spread the papers out on the table.

"Now let's see who owns lots of land, and who is powerful enough to enlist senators, and who would fear investigation."

All four bent over the list for a few moments. Then Thorne made five dots with his pencil opposite as many names.

"All the rest are little homesteaders," said he. "One of these must be our villain."

"Or all of them," amended California John drily.

[Footnote A: "Nester"--Western term meaning squatters, small settlers--generally illegally such.]

XVI

The little council of war at once commenced an eager discussion of the names thus indicated.

"There's your own concern, the Wolverine Company," suggested Thorne.

"What do you know about the way it acquired its timber?"

"Acquired in 1879," replied Amy, consulting her notes. "Partly from the Bank, that held it on mortgage, and partly from individual owners."

"Welton is no crook," struck in Bob. "Even if he'd strained the law, which I doubt; he wouldn't defend himself at this late date with any method as indirect as this."

"I think you're right on the last point," agreed Thorne. "Proceed."

"Next is the Marston N. Leavitt firm."

"They bought their timber in a lump from a broker by the name of Robinson; and Robinson got it of the old Joncal [A] Mill outfit; and heaven knows where they got it," put in California John.

"How long ago?"

"'84--the last transfer," said Amy.

"Doesn't look as though the situation ought to alarm them to immediate and violent action," observed Thorne. "Aren't there any more recent claims?" he asked Amy.

"Here's one; the Modoc Mining Company, about one thousand mineral claims, amounting to approximately 28,000 acres, filed 1903."

"That looks more promising. Patents issued in the reign of our esteemed predecessor, Plant."

"Where are most of the claims?" asked California John.

"_All_ the claims are in the same place," replied Amy.

"The Basin!" said Bob.

Amy recited the "descriptions" within whose boundaries lay the bulk of the claims.

"That's it," said Bob.