In a secluded corner of a certain club billiard room two middle-aged
gentlemen padded around and around a table, and poked at balls. Both
appeared bored by the amusement. Their skill was little, and their luck
was rather less, so that a ball rarely found a pocket. Between strokes
they carried on a conversation having to do with such light and
frivolous topics as bond issues, guarantees thereof, sinking funds,
haulage rates, and legal decisions and pending legislation affecting
transportation. Or it might be more accurate to say that one
endeavoured to engage the other in conversation on these esoteric
matters, at which the other repeatedly shied, evincing a preference for
those of more general human interest.
Not that he was uninformed on these topics. Quite the reverse. He was a
rotund, florid little man, with twinkling, humorous eyes, which could
bore like augers on occasion, and a mouth as firm and close as a steel
trap. His name was William Bates Rapp, and his specialty was
corporation law. He was counsel for the Western Airline Railway, and
just then he was pretending to play billiards with its president,
Cromwell York.
York, who also was pretending to play billiards with Rapp, was a dogged
gentleman who was accustomed to take his pound of flesh whenever he
could not obtain, on some pretext, two pounds. His subordinates said
that he worked twenty-five hours a day, which gives, if you consider
it, an advantage of some fifteen days per annum. He was in the grip of
his business, body and soul. It fascinated him, dominated him more and
more as the years went on, as his own fortune and his interests
increased. He was continually reaching out for more territory, and in
so doing he came in hostile contact with other railway men, also
gunning for the same game. Occasionally, therefore, they gunned for
each other. When York was hit he took his medicine; when he hit the
other fellow he chose as vital a spot as he could. Even as he played
billiards his mind was elsewhere, which accounted in part for his poor
success at the game.
"Speaking about Prairie Southern," said he, "we have about decided to
take it over."
Rapp sighed. "I'm not a perpetual-motion legal machine, York. Won't
that keep till to-morrow?"
"We pay you a big enough retainer," said York, with the frankness of
years of intimacy. "What do you suppose we do it for?"
"Principally, I imagine, to keep you out of jail," Rapp retorted, with
equal frankness. "I've done it so far, but----" He shook his head
forebodingly. "Well, if you _will_ talk, come and sit down. I'm tired
of this. Now, then, about Prairie Southern: have they come to the end
of their rope, or did you pull it in a little for them?"
"I didn't need to," said York. "They have tied themselves up in hard
knots. We don't particularly want the road; but, as matters stand, we
can buy it cheaply. Later we might want it, and it would undoubtedly
cost more. Besides, I don't want Hess to get hold of it as a feeder to
his lines."
"Jim Hess is a sort of bugbear to you," said Rapp. "You'll keep
prodding him till he horns you one of these days."
"Two can play at that," York replied grimly.
"There's mighty little play about Jim Hess when he goes on the
warpath," Rapp commented. "Well, let's get the worst over. There's
short of three hundred miles of this Prairie Southern, as I understand
it. It runs somewhere near the foothills. The country doesn't grow
anything yet. The only reason for its building was a coal-mine boom
that petered out. Its bonding privilege was one of the most disgraceful
bits of jobbery ever lobbied through a corrupt little legislature. It
was a political scandal from its birth. It is burdened with a multitude
of equities. It never has paid, and likely it never will pay. You know
these things as well as I do. I'm hanged if I see why you want it."
"If we don't get it some one else will," said York. "I wish you'd look
into their affairs, and see what sort of a legal bill of health they
have. I am putting our accountants on their finances."
"All right," said Rapp. "I'll give 'em a bill of health like a
pest-house record. Their bonded indebtedness is shocking, and they have
all sorts of litigation pending against them."
"I'll tell you one thing," York said. "They have a large land grant."
"Which they got because the land was worthless."
"Supposed to be worthless," York amended.
Rapp cocked his head like a terrier that suddenly discerns a large and
promising rat hole. "Come through," he said.
"This land," York explained, "is in the dry belt. It was supposed to be
worth nothing when the P.S. charter was granted, and so the government
of that day was generous with it. As a matter of fact, the land is good
when irrigated; and it can be irrigated--or most of it can."
"How do you know it's any good?"
"There are some first-class ranches down there."
"If that is so, why don't P.S. put the lands on the market? They need
the money."
"No advertising or selling machinery, and not enough money to put in an
irrigation system, and no credit. They can't afford to wait."
Rapp considered. "Plenty of water for these lands?"
"That's a question," York admitted. "The main water down that way is a
river called the Coldstream. The ranchers have their water records,
which of course take precedence of any we might file. There may be
enough--I don't know. That will have to be ascertained. But if this
stuff can be irrigated it can be sold. Our land department will look
after that."
"Almost any sort of an irrigated gold brick can be sold nowadays," said
Rapp cynically. "I admit that you have some pretty fair con men in your
land department."
"We never put anything on the market that wasn't a perfectly legitimate
proposition," said York, with dignity.
"Depends on what you call 'legitimate,'" said Rapp. "I've read some of
your land advertising. If you sold shares by means of a prospectus no
more truthful, you'd do time for it. You know blame well you unload
your stuff on people who depend on selected photographs and pretty pen
pictures of annual yields per acre. Of course, any man who buys land
without seeing it deserves exactly the sort of land he gets. I'm not
criticising at all--merely pointing out that I know the rudiments of
the game."
"Help us play it, then," said York. "Dig into Prairie Southern, and see
what we get for our money."
William Bates Rapp did so. By various complicated and technical
documents he grafted the moribund Prairie Southern upon the vigorous
trunk of Western Airline, after which he washed his hands of the
operation by a carefully worded letter accompanying a huge bill of
costs, and dismissed the matter from his mind; for it was only one
transaction among a score of more important ones.
Later, the experts of the Airline descended on the carcass of poor old
Prairie Southern, to see what had best be done with the meat upon its
bones, and the result was fairly satisfactory. The traffic was
inconsiderable, but showed signs of improvement. The land hunger was
upon the people, frightened by the cry that cheap lands were almost at
an end. Many were stampeded into buying worthless acres which they did
not want, in the fear that if they delayed there would be nothing left
to buy. Fake real-estate schemes--colonies, ten-acre orchard tracts,
hen farms, orange groves, prune plantations--flourished over the width
and length of a continent, and promoters reaped a harvest. Land with a
legitimate basis of value doubled and trebled in price between seasons.
It was a period of inflation, of claim without proof, of discounting
the future. Men raw from the city bought barren acres on which
practical farmers had starved, in the expectation of making an easy,
healthful living. And in this madness the lands of the old Prairie
Southern grant, at one time supposed to be worthless, justified the
foresight of Cromwell York by reaching a value in excess of even his
expectations. For, given water, they were very good lands indeed, and
Western Airline was prepared to sell them with a water guarantee.
This took time; and it was two years after the acquisition of Prairie
Southern that York, a trifle grayer and a shade more dictatorial than
before, was one morning handed a card by his secretary. He frowned at
it, for the name was strange.
"Who's this Casey Dunne, and what does he want?"
Dunne, it appeared, wished to see him in connection with the Coldstream
irrigation project, then well under way. He owned property in that
vicinity; he also represented certain other ranchers.
"Lawyer?" snapped York. The secretary thought not. "Show him in."
When Dunne entered York did not immediately look up from his papers.
This was for general effect. When he did look he became conscious that
even as he was measuring so was he being measured.
Casey Dunne carried an atmosphere of outdoors. From the deep tan of his
neck, against which the white of his collar lay in startling contrast,
to the slender, sinewy brown hands, he bore token of wind and sun and
activity in the open. His clothes were new, excellent in fit and
material; but, though he did not wear them awkwardly, one gathered the
impression that he was accustomed to easier, more informal garments.
His manner was entirely self-confident, and betrayed neither awe nor
embarrassment. Which gave York an unfavourable impression to start
with.
"Take a chair, Mr. Dunne," he said. "I can give you five minutes or
ten. Not more. What can I do for you?"
"I may have to ask you to stretch that time limit a little," said
Dunne, smiling as if York were an old friend. "Let me start at the
beginning, and then I won't have to go back. I live down on the
Coldstream, on the line of the old Prairie Southern, which you acquired
a couple of years ago. With it you got their land grant. Your land
department, after looking the Coldstream blocks over, decided to
irrigate and sell these lands; and they undertook a main ditch and a
system of ditches, and they are selling the lands at the present time."
"I know all this," said York impatiently. "Carrol runs our land
department, and he deals with these matters. He's the man you want to
see."
"He referred me to you," said Dunne. "I know this is ancient history,
but I'm cleaning up as I go along. You will get your water for these
lands from the Coldstream. I and others own property there, and we get
our water from the river below your intake. Are you aware that your
ditch system is capable of carrying, and that the lands you are selling
with a guarantee of an adequate water supply will require, _almost the
entire normal flow of the Coldstream_?"
"I have understood from our land department"--York chose his words
carefully--"that the river contains ample water to irrigate our lands."
"Which, I need scarcely point out, is not an answer to my question,"
Dunne commented quietly.
"But which," York countered, "is all that I am concerned with, Mr.
Dunne."
The railway man and the younger, bronzed out-of-doors man eyed each
other in silence while one might count ten. In the last words the
railway's policy had been laid down, an issue defined, a challenge
given.
Casey Dunne's eyes narrowed a little, and his mouth tightened. He spoke
very quietly, but it was the exercised quiet of self-restraint:
"I had hoped that you would not take that ground, Mr. York. Let me show
you how this concerns myself and others. Take my own case: I have a
ranch down there; I have my water record. I have gone on working the
ranch, making improvements from year to year, and every dollar I could
scrape up I put into more land. I wasn't speculating. I can gamble with
any man when I have to; but this wasn't gambling. There was the land,
and there was the water. The increase of value was merely a question of
time. Others bought as I bought. We put our money and our years of work
into lands along the Coldstream. Our whole stake is there. I want you
to appreciate that--to get our viewpoint--because with us this isn't a
question of greater or less profit, but a question of existence itself.
If you take away our water our lands are worthless, and we go broke. I
can't put it any plainer than that."
"And without water," said York, "the railway's lands are worthless--or
so I am told. The unfortunate feature, according to what you say, seems
to be that there is not water enough for you and for us. Therefore each
must stand upon his legal rights."
"You raise the point," said Dunne. "It is a question of legal and moral
right against what I think--and I don't want to be offensive--but what
I think is an attempt to read into a clause of an old charter a meaning
which it was never intended to carry."
York's eyebrows drew down. "The clause in the Prairie Southern's
charter to which I presume you refer is perfectly clear. It states that
the railway company may take from the Coldstream or any other running
stream 'sufficient water for its own purposes.' Those are the exact
words of the charter. It saves existing rights, but there were none
then existing. Therefore the railway's right is first, and all water
records are subject to it. The charter further empowers the company to
improve, buy, sell, and deal in land. These, then, are purposes of the
company, according to its charter, and for these purposes it may
construct and maintain all necessary works. Could anything be clearer?
We acquired every right that Prairie Southern possessed. The rights
were in existence when you bought your land. Therefore I do not think
you should complain when we exercise them, even though they may affect
you to some extent."
"I follow your argument," Dunne observed, "but the words 'sufficient
water for its own purposes' were never intended to mean that the
railway should take the whole river."
"What do you think they meant?"
"What any sensible man would think. You may take sufficient water to
run your trains, to fill your tanks, to use in any way in connection
with your business of transportation, and nobody will object to that;
but when you undertake to divert a whole river to irrigate lands in
order to sell them, you go too far. That is the business of a
real-estate company, and not of a railway company."
Cromwell York, who had obtained the unanimous opinions of three eminent
corporation counsel upon that very point, smiled tolerantly.
"You are not a lawyer, Mr. Dunne?"
"No."
"Nor am I. But I have had this clause passed upon, and I tell you that
we are quite within our rights. The charter covers the case completely,
according to the best legal opinion."
"But nobody thought of irrigation when this charter was granted,"
objected Dunne. "The land was supposed to be worthless. That was why
Prairie Southern got such a large land grant. You know that."
"That has nothing to do with the case. Let us stick to the point. What,
so far, have you to complain of?"
"This," said Dunne shortly. "You have a charter which you say entitles
you to all the water in the river. You are constructing ditches
sufficient to carry it all; you are constructing a dam to divert it
all; and you are selling land to an acreage which, if cultivated, will
require it all. You admit your intentions. When that dam is built and
those ditches are filled our ranches must go dry. It spells our ruin.
We are living on sufferance. And yet you ask us what we have to
complain of!"
"I need scarcely assure you," said York, "that unless and until we
require the water it will not be taken."
"Not nearly good enough," Dunne returned. "We can't work and improve
our ranches with that hanging over us. Such an assurance is of no
practical value."
"It is all I can give you."
Casey Dunne nodded as one who sees things turning out as he expected.
"Then naturally we shall be forced to fight you."
"As you like," said York indifferently. "You will lose, that's all. I
can't do any more for you. It is my duty to my shareholders to increase
the value of those lands if I can do so legally."
"I wish I could get your viewpoint," said Casey Dunne, and for the
first time his voice lost a shade of its calm and began to vibrate with
anger. "I'd like to know just how much it differs from a claim jumper's
or a burglar's. You know as well as I do that you have no earthly right
to take that water. You know you are taking advantage of the careless
wording of an old charter. You know that it means the utter ruin of men
who went into a God-forsaken land without a dollar, and took a brown,
parched wilderness by the throat, and fought it to a standstill--men
who backed their faith in the country with years of toil and privation,
who made the trails and dug the ditches, and proved the land. And you
have the colossal nerve to set a little additional dividend on watered
stock against the homes of those men--old, some of them, now--and the
rights of their wives and children to the fruits of their work!"
The railway man surveyed him with quiet amusement. To him this
resembled the vicarious indignation of a very young country lawyer at a
client's wrongs.
"Are you," he asked, with quiet sarcasm, "one of those who made the
trails and dug the ditches and endured the privations? If so, they seem
to have agreed with you."
Casey Dunne's blue eyes narrowed, and his voice fell to a level. He
leaned forward across the desk with an ugly set to his jaw.
"If you want to know just how strong I'm in on this I'll tell you," he
snapped. "I'm thirty-four years old. I've made my own living since I
was fifteen. I've roughed it because I had to, and I've gone low enough
at times. I've starved and blistered and frozen in places you never
heard of; and out of it all I got together a little stake. I put that
into Coldstream land. Do you think I'm going to let you take it without
a fight? I'm _not_."
York, who never let go himself, drummed on his desk thoughtfully. This
was a sentiment he understood and appreciated. A fighter, he recognized
a kindred spirit. Also if this man were influential, as appeared
likely, among the Coldstream ranchers, it might be well to make terms
with him.
"You haven't a chance," he said. "I'll be quite frank with you. We have
the best legal advice, and our position is quite unassailable. Even if
it were not, we could appeal you into bankruptcy. Still, though I don't
admit that you have the least claim on us, we might possibly buy in
your holdings at a fair present price."
"That's freeze-out," Dunne returned bluntly. "You force us to sell, and
afterward you include our lands in your ditch system, and clean up a
thousand per cent. It won't do. We proved that country, and we want
that profit ourselves."
"I'm making the offer to you alone," said York. "I don't care about the
others. We don't want their land."
"Then why are you trying to make a deal with me?" rasped Casey Dunne.
"You think I'll go home and tell my neighbours that they have no show
at all to buck the railway, and the best thing we all can do is to sell
out for what we can get--and then I keep my mouth shut on the fact that
I'm getting more than the rest of them."
"Nothing of the sort," snapped York, who did not like to hear his
thought done into plain English. "My offer was made in good faith, but
I withdraw it. Keep your land."
"And the devil do me good with it, I suppose!" said Casey Dunne,
picking up his hat and rising. "Very well, Mr. York. I know now where
you stand. And here's where we stand: Not one of us will sell an acre
or a foot. We are going to keep our land, and we are going to keep our
water--somehow."
"The best advice I can give you is to see a good lawyer," said York.
"I'll take the advice," Dunne replied. "But whether we take the
lawyer's advice or not is another matter entirely."
"What do you mean by that?" York demanded.
"I mean," said Dunne, who had quite recovered his usual manner, which
contained a spice of mockery that York found irritating, "that we're
not very strong on law down where I come from. Some of us have got
along pretty well with what law we carried around with us. Good
morning, Mr. York."