To this short and inconclusive interview, however, Baker did not fail to
add somewhat through Oldham. The agent used none of the circumspection
Baker had considered necessary, but rode openly into camp and asked for
Bob. The latter, remembering Oldham's reputed antagonism to Baker, could
not but admire the convenience of the arrangement. The lank and sinister
figure of Saleratus Bill was observed to accompany that of the land
agent, but the gun man, at a sign from his principal; did not dismount.
He greeted no one, but sat easily across his saddle, holding the reins
of both horses in his left hand, his jaws working slowly, his evil,
little eyes wandering with sardonic interest over the people and
belongings at headquarters. Ware nodded to him. The man's eyes half
closed and for an instant the motion of his jaw quickened. Otherwise he
made no sign.
Oldham drew Bob one side.
"I want to talk to you where we won't be interrupted," he requested.
"Talk on," said Bob, seating himself on a log. "The open is as good a
place as another; you can see your eavesdroppers there."
Oldham considered this a moment, then nodded his head, and took his
place by the young man's side.
"It's about those Modoc lands," said he.
"I suppose so," said Bob.
"Mr. Baker tells me you fully intend to prosecute a suit for their
recovery."
"I believe the Government intends to do so. I am, of course, only the
agent of the Government in this or any other matter."
"In other words, you have received orders to proceed?"
"I would hardly be acting without them, would I?"
"Of course; I see. Mr. Baker is sometimes hasty. Assuming that you cared
to do so, is there no way you could avoid this necessity?"
"None that I can discover. I must obey orders as long as I'm a
government officer."
"Exactly," said Oldham. "Now we reach the main issue. What if you were
not a government officer?"
"But I am."
"Assume that you were not."
"Naturally my successor would carry out the same orders."
"But," suggested Oldham, "it might very well be that another man would
not be--well, quite so qualified to carry out the case--"
"You mean I'm the only one who heard Baker say he was going to cheat the
Government," put in Bob bluntly.
"You and Mr. Welton and Mr. Baker were the only ones present at a
certain interview," he amended. "Now, in the event that you were not
personally in charge of the case would you feel it necessary to
volunteer testimony unsuspected by anybody but you three?"
"If I were to resign, I should volunteer nothing," stated Bob.
Oldham's frosty eyes gleamed with satisfaction behind their glasses.
"That's good!" he cried.
"But I have no intention of resigning," Bob concluded.
"That is a matter open to discussion," Oldham took him up. "There are a
great many reasons that you have not yet considered."
"I'm ready to hear them," said Bob.
"Look at the case as it stands. In the first place, you cannot but admit
that Mr. Baker and the men associated with him have done great things
for this country. When they came into it, it was an undeveloped
wilderness, supplying nothing of value to civilization, and supporting
only a scattered and pastoral people. The valley towns went about their
business on horse cars; they either paid practically a prohibitive price
for electricity and gas, or used oil and candles; they drank well water
and river water. The surrounding country was either a desert given over
to sage brush and jack rabbits, or raised crops only according to the
amount of rain that fell. You can have no conception, Mr. Orde, of the
condition of the country in some of these regions before irrigation. In
place of this the valley people now enjoy rapid transportation, not only
through the streets of their towns, but also by trolley lines far out in
all directions. They have cheap and abundant electric light and power.
They possess pure drinking water. Above all they raise their certain
crops irrespective of what rains the heavens may send."
Bob admitted that electricity and irrigation are good things.
"These advantages have drawn people. I am not going to bore you with a
lot of statistics, but the population of all White Oaks County, for
instance, is now above fifty thousand people, where before was a scant
ten. But how much agricultural wealth do you suppose these people
_export_ each year? Not how much they _produce_, but their net
exportations?"
"Give it up."
"Fifty million dollars worth! That's a marvellous per capita."
"It is indeed," said Bob.
"Now," said Oldham impressively, "that wealth would be absolutely
non-existent, that development could not have taken place, _did_ not
take place, until men of Mr. Baker's genius and courage came along to
take hold. I have personally the greatest admiration for Mr. Baker as a
type of citizen without whom our resources and possibilities would be in
the same backward condition as obtains in Canada."
"I'm with you there," said Bob.
"Mr. Baker has added a community to the state, cities to the
commonwealth, millions upon millions of dollars to the nation's wealth.
He took long chances, and he won out. Do not you think in return the
national resources should in a measure reward him for the advantages he
has conferred and the immense wealth he has developed? Mind you, Mr.
Baker has merely taken advantage of the strict letter of the law. It is
merely open to another interpretation. He needs this particular body of
timber for the furtherance of one of his greatest quasi-public
enterprises; and who has a better right in the distribution of the
public domain than the man who uses it to develop the country? The
public land has always been intended for the development of resources,
and has always been used as such."
Oldham talked fluently and well. He argued at length along the lines set
forth above.
"You have to use lubricating oil to overcome friction on a machine," he
concluded. "You have to subsidize a railroad by land grants to enter a
new country. By the same immutable law you must offer extraordinary
inducements to extraordinary men. Otherwise they will not take the
risks."
"I've nothing to do with the letter of the law," Bob replied; "only with
its spirit and intention. The main idea of the mineral act is to give
legitimate miners the timber they need for legitimate mining. Baker does
not pretend, except officially, that he ever intends to do anything with
his claims. He certainly has done a great work for the country. I'll
agree to everything you say there. But he came into California worth
nothing, and he is now reputed to be worth ten millions and to control
vast properties. That would seem to be reward enough for almost anybody.
He does not need this Basin property for any of his power projects,
except that its possession would let him off from paying a very
reasonable tax on the waterpower he has been accustomed to getting free.
Cutting that timber will not develop the country any further. I don't
see the value of your argument in the present case."
"Mr. Baker has invested in this project a great many millions of
dollars," said Oldham. "He must be adequately safeguarded. To further
develop and even to maintain the efficiency of what he has, he must
operate to a large extent on borrowed capital. Borrowing depends on
credit; and credit depends on confidence. If conditions are proved to be
unstable, capital will prove more than cautious in risking itself. That
is elementary. Surely you can see that point."
"I can see that, all right," admitted Bob.
"Well," went on Oldham, taking heart, "think of the responsibility you
are assuming in pushing forward a mere technicality, and a debatable
technicality at that. You are not only jeopardizing a great and
established business--I will say little of that--but you are risking the
prosperity of a whole countryside. If Mr. Baker's enterprises should
quit this section, the civilization of the state would receive a serious
setback. Thousands of men would be thrown out of employment, not only on
the company's works, but all along the lines of its holdings; electric
light and power would increase in price--a heavy burden to the consumer;
the country trolley lines must quit business, for only with
water-generated power can they compete with railroads at all; fertile
lands would revert to desert--"
"I am not denying the value of Mr. Baker's enterprises," broke in Bob;
"but what has a billion and a half of timber to do with all this?"
"Mr. Baker has long been searching for an available supply for use in
the enterprises," said Oldham, eagerly availing himself of this opening.
"You probably have a small idea of the immense lumber purchases
necessary for the construction of the power plants, trolley lines, and
roads projected by Mr. Baker. Heretofore the company has been forced to
buy its timber in the open market."
"This would be cheaper," suggested Bob.
"Much."
"That would increase net profits, of course. I suppose that would
result in increased dividends. Or, perhaps, the public would reap the
benefit in decreased cost of service."
"Undoubtedly both. Certainly electricity and transportation would
cheapen."
"The same open markets can still supply the necessary timber?"
"At practically prohibitive cost," Oldham reminded.
"Which the company has heretofore afforded--and still paid its
dividends," said Bob calmly. "Well, Mr. Oldham, even were I inclined to
take all you say at its face value; even were I willing to admit that
unless Mr. Baker were given this timber his business would fail, the
country would be deprived of the benefits of his enterprise, and the
public seriously incommoded, I would still be unable to follow the logic
of your reasoning. Mind you, I do not admit anything of the kind. I do
not anticipate any more dire results than that the dividends will remain
at their present per cent. But even supposing your argument to be well
founded, this timber belongs to the people of the United States. It is
part of John Jones's heritage, whether John Jones lives in White Oaks or
New York. Why should I permit Jones of New York to be robbed in favour
of Jones of White Oaks--especially since Jones of New York put me here
to look after his interests for him? That's the real issue; and it's
very simple."
"You look at the matter from a wrong point of view----" began Oldham,
and stopped. The land agent was shrewd, and knew when he had come to an
_impasse_.
"I always respect a man who does his duty," he began again, "and I can
see how you're tied up in this matter. But a resignation could be
arranged for very easily. Mr. Baker knows thoroughly both your ability
and experience, and has long regretted that he has not been able to
avail himself of them. Of course, as you realize, the great future of
all this country is not along the lines even of such great industries as
lumber manufacture, but in agriculture and in waterpower engineering.
Here, more than anywhere else in the world, Water is King!"
A recollection tickled Bob. He laughed outright. Oldham glanced at him
sharply.
"Oh, the Lucky Lands," said he at last; "I'd forgotten you had ever been
there. Well, the saying is as true now as it was then. The great future
for any young man is along those lines. I am sure--in fact, I am told to
say with authority--that Mr. Baker would be only too pleased to have you
come in with him on this new enterprise he is opening up."
"As how?"
"As stockholder to the extent of ten thousand shares preferred, and a
salaried position in the field, of course. But, that is a small matter
compared with the future opportunities--"
"It's cheering to know that I'm worth so much," interrupted Bob. "Shares
now worth par?"
"A fraction over."
"One hundred thousand and some odd dollars," observed Bob. "It's a nice
tidy bribe; and if I were any sort of a bribe taker at all, I'd surely
feel proud and grateful. Only I'm not. So you might just as well have
made it a million, and then I'd have felt still more set up over it."
"I hope you don't think I'm a bribe giver, either," said Oldham. "I
admit my offer was not well-timed; but it has been long under
contemplation, and I mentioned it as it occurred to me."
Having thus glided over this false start, the land agent promptly opened
another consideration.
"Perhaps we are at fatal variance on our economics," said he; "but how
about the justice of the thing? When you get right down to cases, how
about the rest of them? I'll venture to say there are not two private
timber holdings of any size in this country that have been acquired
strictly within the letter of the law. Do you favour general
confiscation?"
"I believe in the law," declared Bob, "and I do not believe your
statement."
Oldham rose.
"I tell you this, young man," he said coldly: "you can prosecute the
Modoc Company or not, as you please--or, perhaps, I should say, you can
introduce your private testimony or not, as you please. We are
reasonable; and we know you cannot control government prosecutions. But
the Modoc Company intends that you play no favourites."
"I do not understand you," said Bob with equal coldness.
"If the Modoc Company is prosecuted, we will make it our business to see
that every great land owner holding title in this Forest is brought into
the courts for the same offence. If the letter of the law is to be
enforced against us, we'll see that it is enforced against all others."
Bob bowed. "Suits me," said he.
"Does it?" sneered Oldham. He produced a bundle of papers bound by a
thick elastic. "Well, I've saved you some trouble in your next case.
Here are certified copies of the documents for it, copied at Sacramento,
and subscribed to before a notary. Of course, you can verify them; but
you'll find them accurate."
He handed them to Bob, who took them, completely puzzled. Oldham's next
speech enlightened him.
"You'll find there," said the older man, tapping the papers in Bob's
hand, "the documents in full relating to the Wolverine Company's land
holdings, and how they were acquired. After looking them over, we shall
expect you to bring suit. If you do not do so, we will take steps to
force you to do so--or, failing this, to resign!"
With these words, Oldham turned square on his heel and marched to where
Saleratus Bill was stationed with the horses. Bob stared after him, the
bundle of papers in his hand. When Oldham had mounted, Bob looked down
on these papers.
"The second line of defence!" said he.