CHAPTER XI

It must have been a sublime faith in that homely adage that there are

more ways of killing a cat than by choking him with butter which moved

Bob McGraw to cudgel his nimble brain until he had discovered exactly

how it would be possible for him to accomplish legally what every

freebooter with an appraising eye on the public domain is troubled to

accomplish illegally. The sole difference between Bob's projected course

and that of his competitors' would be a slightly lessened profit; but

after inventorying a free and easy conscience and posting it to the

credit side of his profit and loss account, Bob knew that this apparent

difference would dwindle until it would be scarcely perceptible.

Immediately after breakfast on the morning of the day following his

interview with Homer Dunstan, Bob set to work to draw up the circular

letter and contract form, to be submitted later to his prospective

clients. In about fifteen minutes he had outlined the following:

THE PROPOSITION IS THIS

I have information of some state lieu lands which I believe can be taken

up under the State laws at $1.25 per acre. The right to buy them will

very probably have to be established and enforced by legal proceedings.

Now, this right to purchase state lieu lands is a limited personal

right. (See Political Code, Section 3495, et seq.) I am willing to try

to make YOUR right good to a tract of this land, under the conditions

of the contract herewith. I am willing to stand the expenses of suit to

enforce your right, and to advance for you the legal fees and the first

preliminary payment to the state, on the chance of being able to secure

you something sufficiently valuable to justify you in paying me the fee

provided for in the contract. Read the contract carefully and note that

you retain the right to cancel it and relieve yourself of all obligation

in the matter _by abandoning your claim to the land._

READ THE CONTRACT CAREFULLY BEFORE YOU SIGN IT. BE SURE YOU UNDERSTAND

JUST WHAT YOU ARE DOING.

ROBERT MCGRAW.

“That looks like fair warning” mused Mr. McGraw, as he reread this

document. “I defy any man to look between the lines and scent my

hocus-pocus game.”

Bob next proceeded to draw up the contract. It was a simple contract,

framed in language that could not fail of comprehension by the dullest

mind. For and in consideration of the sum of one dollar, the receipt

whereof was duly acknowledged, Bob McGraw agreed to furnish, his

applicants for land with certain valuable information, whereby the

applicant would be enabled to file, or tender his application for,

certain state lieu lands, “bounded and particularly described as

follows:” (Here he left a space sufficient for the insertion, at a later

date, of the exact description of the lands he desired; the descriptions

he would glean from maps of the valley on sale in the United States Land

Office in San Francisco.)

He agreed to tender the application of his client to the State Land

Office and to conduct, at his own expense, any litigation that might

arise or become necessary to establish the right of his client to

purchase the land from the state; stipulating, however, that he (McGraw)

should be the sole judge of the necessity for such litigation. He agreed

to pay the filing fees and the first payment on the land, required

at the time of filing the application, and to represent the applicant

before the state land office; also to notify his client, by registered

letter, at the address given him, whenever the application should be

approved; and it was distinctly stipulated that the applicant should

not be required to elect whether or not he would abandon the application

until served with this written notice!

In consideration, also, of the services, fees and costs provided for in

the contract, _Mr. McGraw would make a charge of Three Dollars per acre

for all, or any part, of the land which the applicant might be awarded

the opportunity to purchase;_ this fee to be payable to him, his heirs

or assigns, _if and whenever the application of his client_ should be

duly approved by the Registrar of the State Land Office.

In consideration of these covenants, the applicant was to bind himself

to pay Mr. Robert McGraw the stipulated fee of Three Dollars per acre,

in addition to the One Dollar and Twenty-five Cents per acre demanded by

the state, _reserving, however, the right to abandon his filing at any

time prior to its approval by the Registrar of the State Land Office,

but pledging himself not to abandon without first furnishing his

attorney (Robert McGraw) with a proper instrument of abandonment, in

order that some other person might be located on the land._ In addition

the applicant was required to state that he was duly qualified,

under the law, to make the application _and that he had read both the

application form and the contract and was familiar with the section of

the code under which he made it._

A critical perusal of the terms of this shrewd contract will readily

convince even a layman that it was perfectly legal. Bob hurled mental

defiance at every legal light in the country to prove collusion and

conspiracy to defraud under that contract. It proved merely that Bob

McGraw was acting in his capacity as a duly authorized attorney-at-law,

seeking to turn an honest penny.

Now, in the first place, the abandonment clause in the contract, while

not holding his client to the contract, nevertheless held the land to

Bob McGraw! He anticipated that, in the event of his success in forcing

the registrar of the state land office to accept and approve the

applications, the land ring would immediately seek out each applicant,

charge the applicant with being a party to a gigantic land fraud

conspiracy and threaten him with a Federal Grand Jury investigation in

case he did not at once abandon his filing! The poor and the ignorant

are easily intimidated, and Bob McGraw had figured on this. In the event

of “cold feet” on the part of his applicant, the applicant would come

to _him,_ to abandon, as per the terms of the contract, but by that time

Bob would have a man with nerve to take his place, and his scheme would

still be impervious to “leaks!” While the land was “tied up” by a McGraw

applicant, Bob knew the enemy could not get it.

When Bob's clients signed that contract, it meant nothing! But the

moment the applications were approved for patent, and the State Land

Office had so notified him, and he, in turn, had so notified his

clients, his clients were no longer his clients. They were his victims!

His contract then constituted a promissory note, and Mr. McGraw knew

enough law to realize that failure to pay a promissory note or perform a

contract is actionable. Should his client repudiate the contract _prior_

to the approval of the application, he was safe; but to repudiate it

_after_ approval and after Bob McGraw had advanced him the money to pay

for the land--ah, that was a different matter. Bob McGraw knew he could

secure a judgment against his unfortunate client in any court of law in

the country--and the land was good for the judgment! Having advanced the

cash to purchase the land for his clients, Bob McGraw would hold that

deadly contract over their heads as security for the advance!

Under the terms of the contract, when fulfilled, each client would owe

Bob his three dollars per acre on six hundred and forty acres, or

a total of one thousand nine hundred and forty dollars as a legal

attorney's fee, and to the clients that Bob McGraw intended to select,

a debt of such magnitude would loom up in all the pristine horror of the

end of the world at hand and salvation not yet in sight. With, malice

aforethought the promoter of Donnaville was trading on the credulity of

the very people he planned to benefit! He knew with what ease the poor

rush into debt where the creditor requires nothing down; he knew also

the avidity with which they grasp the first means of escape from the

burden, once it becomes onerous; and at the thought the villain McGraw

chuckled pleasurably.

“Once under the McGraw thumb, and I have them! I'll demand cash on the

nail for my services. They will be unable to pay me. I'll harass them

and threaten to sue them, and then, when I have them thoroughly cowed,

I'll send a secret agent around to buy their land from them at ten

dollars an acre. After using their constitutional right to purchase lieu

lands, they are entitled to a profit on the investment, and besides, I

must show a 'valuable consideration' or have a secret service operative

trailing me.

“However, I will not have sufficient funds on hand to pay them ten

dollars per acre spot cash, so I shall turn over to them their

signed contracts and thus relieve them of that bugbear, and for these

three-dollar contracts they shall credit me with a payment of four

dollars and twenty-five cents per acre on the land! I will secure them

for the balance by a first mortgage on the property! And with that

accomplished, I court an official investigation. Come on, you secret

service operatives, and prove Bob McGraw a crook. I am a crook, and I

know it, but nobody else shall know it and I have never been accused of

talking in my sleep. I'm a crook, but I'm an honest crook, and the ends

justify the means. Besides, I'm going to present every one of my clients

with a cheek for three thousand six hundred and seventy dollars for

the mere scratch of a pen and the use of their constitutional right to

purchase lieu land. Why, I'm a philanthropist! I'm going to make fifty

men happy by giving them a lot of money for something they never knew

they had. Three thousand six hundred and seventy dollars for the use of

one constitutional right, when the market price is a hundred! McGraw,

my boy, this must never leak out. If it does, your sanity will be

questioned, in addition to your morality.”

Thus figured Bob McGraw, the sage of Donnaville. Let him but get his

applications past the land ring's tool in the state land office, and a

receipt issued for his first payment, and Donnaville would be no longer

a dream. Should the applications be rejected later on some flimsy

pretext, he would commence a mandamus suit to enforce the selection

of his lands, and force action of the pending applications of the land

ring, whereby they so artfully “tied up the basis” of exchange. If he

should find himself opposed by a corrupt judge who should rule against

him, he would not be daunted. If beaten in the Superior Court he would

appeal the case to the United States Circuit Court, for Bob McGraw had

a sublime faith in the ability of Truth, crushed to earth, to rise again

and kick the underpinning from crookedness and graft, provided one never

acknowledged defeat. And he could go into court with clean hands, for

he broke no law himself and he would induce no one else to break it, in

thought, spirit or action!

The road to Donnaville stretched ahead of him now, smooth and white and

free from ruts, and with but one bridge to cross. For the successful

crossing of that bridge Bob McGraw had not evolved a plan, for he was

merely a human being, and human cunning has its limitations. It was a

bridge which he must cross when he came to it. He only knew that he must

make the effort on a certain day--the day that Owens river valley should

be thrown open to entry. He must be first at the window of the land

office, and once before that window, the future of Donnaville, the

future of Bob McGraw and his sweetheart in San Pasqual, lay in the laps

of the gods. He must manage somehow to get his applications filed that

day, without designating the basis of the exchange of school lands

for the lieu lands which he sought; for that was information which Bob

McGraw did not possess, and should it come into his possession the day

after the valley was opened for entry, it would be worthless; for the

land ring, in the parlance of the present day, would have “beaten him to

it.”

To get those precious filings accepted! That was all that worried him

now. Prior to his visit to Homer Dunstan, this task had seemed to Bob

the least of his worries compared with the titanic task of accumulating

the money necessary to pay for the land when the filings should be

approved. Yesterday everything had revolved around the necessity for

thirty-nine thousand dollars, until the contemplation of this monetary

axis had threatened to set his reason tottering on its throne. But that

worry no longer existed. Homer Dunstan had indicated very clearly to

Bob that he considered him insane, but Homer Dunstan had pledged him

the thirty-nine thousand dollars when he could come to him with the

notification from the Registrar of the State Land Office that the lands

had been passed to patent, and Bob knew that Dunstan would keep his

word, provided his death did not occur prior to the granting of the

patents.

The rough draft of the contract having been drawn up to his

satisfaction, Bob sallied forth in search of a public stenographer. He

knew that he had evolved rather a clever scheme, and he was averse to

permitting the details of his plan to fall under the comprehending eye

of some boss printer, whose enterprise might perchance soar beyond

the boundaries of his vocation. So Bob sought, instead, a public

stenographer and had his copy multigraphed by a young lady whose

interest could never, by any possibility, center in anything more than

her fee.

The job was delivered two days later, and with the knowledge that he had

thirty days in which to make the acquaintance of his fifty prospective

clients, Bob resolved to devote one more week to the problem of still

further recruiting his shattered vitality before getting down to active

work.

He spent that week wandering through Golden Gate Park, along

the romantic and picturesque San Francisco water-front, and in

moving-picture shows. Each morning, before starting for the day's

wanderings, he wrote a long letter to Donna and then waited for the

first mail delivery for her letter to him. Those letters came with

unfailing regularity, and in that city where Bob McGraw prowled through

the day, unknown and unnoticed, there was no man so free from the

curse of loneliness as he. The very opening line in Donna's matutinal

greeting--“My Dear Sweetheart”--routed the blue devils that camped

nightly on his worried and harassed soul, as he lay abed and wrestled

with the mighty problems that confronted him. To Bob McGraw those three

words held the open-sesame of life; they gave him strength to cling to

his high, resolve; they whispered to him of the prize of the conflict

which awaited him at the end of his long road to Donnaville, and sent

him forth to face the world with a smile on his dauntless face and a

lilt in his great kind heart.

Time glided by on weary wings, but eventually the day arrived for Bob to

open his campaign. He must clear for action. It was imperative that he

must have his fifty applications filled out and the signatures of his

clients attested before a notary public on the very date upon which the

desert of Owens river valley would be opened for entry, for to have them

dated the day before would nullify them--to arrive with them at the

land office the day after would be too late. Bob was obsessed with a

suspicion that amounted almost to a conviction that the land ring would

endeavor to acquire the desert valley by practically the same method

which he was pursuing, _only for every section of lieu land upon which

they filed, they would be enabled to show a corresponding loss of school

lands._ His line of reasoning had convinced him that they had caused

dummy entrymen to file on worthless lands in some other part of the

state, in order that these bases might appear of record in the land

office as already used, in case of an investigation; he was equally

convinced that these dummy applications had never been acted upon in the

land office, but were being held up there until the land ring was ready

to act, when their dummy entrymen would abandon their filings on the

worthless land, thus throwing the original basis open for use once more

and permitting the land ring to step in with other dummy entrymen and

use the basis for the acquisition of _valuable_ lands. It was absurdly

simple when one understood it and took the time to reason it out.

Of one thing Bob was morally certain. The representative of the land

ring would be on hand, bright and early, to file the dummy applications.

Bob decided, therefore, that the field of his operations until that

eventful day must be confined to the state capital, Sacramento, where

the state land office was located. He must recruit his little army of

applicants from the capital itself, attest their applications before

a notary public after midnight of the day preceding the opening of the

valley for entry, and be first at the filing window when the land office

opened.

Accordingly Bob proceeded to Sacramento. Immediately upon his arrival

he rented a cheap back office, a desk and some chairs, and for the time

being announced himself to the world, through the medium of a modest

sign on his office door, as The Desert Development Company. The

following day he set to work.

He interviewed street sweepers, hotel porters, cab drivers newspaper

reporters, milk-wagon drivers, barkeepers and laborers along the river

docks--in fact every follower of an occupation which Bob judged might be

sufficiently unremunerative to keep its votaries in poverty as long as

they persisted in sticking to it. By discreet questioning he learned

whether the prospective client had money in bank, or was involved in

debt. If the former, Bob terminated his interview and neglected to

return; if the latter, Bob would present the victim with a good cigar

and proceed to unfold a tale of wealth in desert lands.

To these men Bob explained every detail of his proposition and gave them

a copy of his contract form and his explanatory circular attached. He

answered all their questions patiently--and satisfactorily, and he was

particularly insistent upon calling to their attention the fact that

they were not required to put up a single dollar in order to acquire

the land. Naturally, this seeming philanthropy immediately inspired

suspicion and a request for information as to what was in the deal for

Mr. McGraw; whereupon Mr. McGraw would point proudly to that clause in

the contract which stipulated a three-dollar-per-acre fee and inform

them that he had private and reliable information of not less than two

irrigation schemes which were being projected in the valley--schemes

which would give their apparently worthless land a value of at least

ten dollars per acre and enable both Mr. McGraw and his client to turn

a nice little profit together. He showed them where he was helpless

without them and where they were profitless without him, and to make a

profit of three dollars per acre for himself he was willing to buy the

land for them and take their promissory notes in payment. More: he would

agree to carry them for the land until they had an opportunity to sell

out at a profit of at least three thousand dollars! Mr. McGraw demanded

to know if anything could possibly be fairer than that.

It could not, and the clients were forced to admit it. Win, lose or

draw, it cost them nothing to play the game with Bob McGraw. After all

is said and done the average human being is a gambler and likes

long odds, and Bob's prospective clients were not so deficient in

intelligence as in ready cash. They knew that desert land without

irrigation is worthless; that no man would advance them money to

purchase it at $1.25 per acre unless he saw a profit in the deal

for himself. Consequently, irrigation was the only solution of that

problematic increase in value, and if Mr. McGraw could afford a flyer so

could they.

Bob had foreseen this line of reasoning, for he knew that spot cash is

the bugbear of life and that a good salesman can sell anything provided

he sells it on time. Long before the expiration of the period he had set

himself to accomplish this task, he had signed up fifty eager applicants

for desert land, procured their addresses and then retired to his little

back office to write letters to Donna and await the rising of the sun on

his day of destiny.

The day preceding the one on which the valley would be opened for entry

was a busy one for Bob McGraw. His cash reserve was beginning to run so

low that he decided to save the dollar postage necessary to remind his

clients that they were to meet him in his office at midnight of that

day; consequently, and in view of the fact that his old-time strength

practically had been restored to him, he walked several miles in order

to call upon his clients at their places of employment and secure from

their lips a solemn promise to be on hand at the appointed hour. His

apparent anxiety made them all the more eager to sign up with him, and

not a single client failed him.

This matter attended to, Bob engaged a notary public, with instructions

to meet him at his office at midnight. By eleven-thirty the corridors

of the silent office building were thronged with the eager fifty; at

eleven-forty-five the notary arrived and at exactly one minute past

midnight Bob commenced to sign his clients up. The notarial blanks had

already been filled out and, together with the notary's seal, had

been attached to each contract. In addition to the contract Bob took

a power-of-attorney in duplicate from each applicant; the notary

swore each of the fifty applicants in as many minutes, Bob paid him

twenty-five dollars and he departed; after which Bob made a short speech

to his clients and exhorted them to stand by their guns in the event

of influence being brought to bear upon them to abandon their

filings; whereupon the fifty gave him their promises, collectively and

individually, shook the hand of their benefactor and departed to their

homes.

Nothing now remained for Bob to do except present his fifty applications

for filing at the land office in the morning, and realizing the truth

of that ancient saw anent the early bird and the resulting breakfast he

decided to wait in the office until it should be time for him to go to

the land office. In the meantime, he decided to while away the lonely

hours by a review of his financial status, so he locked the door and

devoted the succeeding five minutes to the comparatively trifling task

of counting his money and figuring on the outlay necessary to carry him

back to San Pasqual. He was horrified to discover that after providing

twelve hundred and fifty dollars for the registrar of the state land

office (in the event that the day of miracles was not yet past and his

filings should be accepted), his return journey by rail would terminate

somewhere in the heart of the San Joaquin valley. Even after pawning his

gun, Mr. McGraw could still see, in his mind's eye, at least one hundred

miles of dusty county road stretching between him and San Pasqual, and

he was not so conceited as to imagine that he was strong enough to walk

a hundred miles with nothing more tangible than the scenery to sustain

him en route. Moreover, he had promised Donna that they should

be married immediately upon his return. The situation was truly

embarrassing, and Mr. McGraw cast about him for a means to extricate

himself from his terrible predicament. In his agony he saw a flash of

light--and smiled as he realized that it radiated from Mr. Harley P.

Hennage's three gold teeth.

“Saved!” quavered Mr. McGraw. “Good old Harley P! I'll just touch the

old boy for that fifty again, in case I need it. If they accept my

applications, I'll have to assault Harley, and if they decline the

applications I will still have my twelve hundred and fifty. But in the

meantime I'll write to Hennage and tell him frankly just how I'm fixed,

and if it comes to a show-down I'll drop the letter in the mail, return

to San Francisco and wait for him to send me a postal money order.”

He turned to his desk, drew a blank sheet of paper toward him and

indited a brief note to Mr. Hennage.

_Dear Harley P.:_

I have just made the discovery that I was too precipitate in paying you

that fifty I owed you for three years. I am a financial wreck on a lee

shore, but with millions in sight, and I will be very grateful if you

will strain your good nature long enough to send me a P. O. order for

the aforesaid fifty, addressing me General Delivery, San Francisco.

I will explain the transaction to you when I get back to San Pasqual,

merely mentioning in passing that until you send me the fifty the

prospects for my immediate return are, to say the least, somewhat vague.

I never could walk very far in my Sunday shoes.

Thanking you, my dear Harley, until you are better paid, believe me to

be

Your sincere friend, ROBERT MCGRAW.

This communication Bob folded and sealed in an envelope. He was too

preoccupied in the folding to notice that he had folded two sheets of

paper instead of one. The second sheet was a spare copy of his marvelous

contract for the acquisition of desert lands, which through some

accident had become mixed, with the printed side up, among some loose

sheets of blank legal-size typewriter paper which the unconventional

Robert had purchased in the pursuit of his correspondence with Donna.

His choice of letter paper was characteristic of Bob. He was a man who

required room in which to operate.

His letter sealed and stamped, Bob slipped it into his pocket, lifted

his long legs to the top of his rented desk, tilted back his chair,

lit a cigar and gave himself up to the contemplation of his future.

Providentially, his future, as he viewed it there in that lonely office,

waiting to see what the dawn would bring to him of wealth or woe, was

sufficiently indefinite to keep his fertile brain actively employed

until, far off in the city, he heard a clock booming the hour of six;

when he yawned, closed down his desk, picked up his suit-case which

stood, packed with, his few poor possessions in one corner, and

departed.

In an all-night restaurant he ate a hurried breakfast; then, suit-case

in hand, walked over to the capitol building. The capitol grounds were

deserted as he strolled through, entered the State House and passed

down a dim deserted corridor until he came to the door of the state land

office. He had definitely located the office, the previous day, in order

to provide against possible fatal delay in finding it this morning.

Apparently he was the sole applicant for desert lands that morning, and

anticipating that there would be no great rush to file entries he set

his suit-case down in the corridor, sat himself on the suit-case and

waited for the office to open for business. In order to make certain

that he would not be usurped in line, however, when the office opened

for business, he had placed his suitcase directly in front of the door,

against which he leaned his weary back. The door, he noticed, opened

from within. In case it opened secretly, Mr. McGraw would thus fall into

the surveyor-general's office, and hardy, indeed, would be he who could

dispute his claim to priority in the line. In fact, so satisfied was

he with this strategic position, and so tired and drowsy was he withal,

that presently he relaxed his determination to remain wide awake.

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