KANGAROOED
Lovell and his attorneys joined the cavalcade which returned to the
post, while we continued on south, fording the Missouri above Forrest’s
camp. The two recovered beeves were recognized by their ranch brands as
belonging in Bee County, thus identifying them as having escaped from
Bob Quirk’s herd, though he had previously denied all knowledge of
them. The cattle world was a small one, and it mattered little where an
animal roamed, there was always a man near by who could identify the
brand and give the bovine’s past history. With the prospects bright for
a new owner on the morrow, these two wayfarers found lodgment among our
own for the night.
But when another day dawned, it brought new complications. Instead of
the early arrival of any receiving party, the appointed hour passed,
noon came, and no one appeared. I had ridden down to the lower camps
about the latter hour, yet there was no one who could explain, neither
had any word from the post reached Forrest’s wagon. Sponsilier
suggested that we ride into Buford, and accordingly all three of us
foremen started. When we sighted the ford on the Missouri, a trio of
horsemen were just emerging from the water, and we soon were in
possession of the facts. Sanders, my brother, and Mike Sutton composed
the party, and the latter explained the situation. Orders from the War
Department had reached Fort Buford that morning, temporarily suspending
the post commander and his quartermaster from receiving any cattle
intended for that post, and giving notice that a special commissioner
was then en route from Minneapolis with full authority in the premises.
The order was signed by the first quartermaster and approved by the
head of that department; there was no going behind it, which further
showed the strength that the opposition were able to command. The
little attorney was wearing his war-paint, and we all dismounted, when
Sanders volunteered some valuable points on the wintering of Texas
cattle in the North. Sutton made a memorandum of the data, saying if
opportunity offered he would like to submit it in evidence at the final
hearing. The general opinion was that a court of inquiry would be
instituted, and if such was the case, our cause was not by any means
hopeless.
“The chances are that the opposition will centre the fight on an
assignment of the original contract which they claim to hold,” said the
lawyer, in conclusion. “The point was advanced yesterday that we were
intruders, while, on the other hand, the government was in honor bound
to recognize its outstanding obligation, no matter in whose hands it
was presented, so long as it was accompanied by the proper tender. A
great deal will depend on the viewpoint of this special commissioner;
he may be a stickler for red tape, with no concern for the service, as
were the post commander and quartermaster. Their possession of the
original document will be self-evident, and it will devolve on us to
show that that assignment was illegal. This may not be as easy as it
seems, for the chances are that there may be a dozen men in the gang,
with numerous stool-pigeons ready and willing to do their bidding. This
contract may demonstrate the possibility of a ring within a ring, with
everything working to the same end. The absence of Honest John Griscom
at this delivery is significant as proving that his presence at Dodge
and Ogalalla was a mistake. You notice, with the exception of Field and
Radcliff, they are all new men. Well, another day will tell the story.”
The special commissioner could not arrive before the next morning. An
ambulance, with relay teams, had left the post at daybreak for
Glendive, and would return that night. Since the following promised to
be a decisive day, we were requested to bring every available man and
report at Fort Buford at an early hour. The trio returned to the post
and we foremen to our herds. My outfit received the news in anything
but a cheerful mood. The monotony of the long drive had made the men
restless, and the delay of a single day in being finally relieved, when
looked forward to, was doubly exasperating. It had been over six months
since we left the ranch in Medina, and there was a lurking suspicion
among a number of the boys that the final decision would be against our
cattle and that they would be thrown back on our hands. There was a
general anxiety among us to go home, hastened by the recent frosty
nights and a common fear of a Northern climate. I tried to stem this
feeling, promising a holiday on the morrow and assuring every one that
we still had a fighting chance.
We reached the post at a timely hour the next morning. Only three men
were left with each herd, my wrangler and cook accompanying us for the
day. Parent held forth with quite a dissertation on the legal aspects
of the case, and after we forded the river, an argument arose between
him and Jake Blair. “Don’t talk to me about what’s legal and what
isn’t,” said the latter; “the man with the pull generally gets all that
he goes after. You remember the Indian and the white man were at a loss
to know how to divide the turkey and the buzzard, but in the end poor
man got the buzzard. And if you’ll just pay a little more attention to
humanity, you may notice that the legal aspects don’t cut so much
figure as you thought they did. The moment that cattle declined five to
seven dollars a head, The Western Supply Company didn’t trouble
themselves as to the legality or the right or wrong, but proceeded to
take advantage of the situation at once. Neal, when you’ve lived about
twenty-five years on the cold charity of strangers, you’ll get over
that blind confidence and become wary and cunning. It might be a good
idea to keep your eye open to-day for your first lesson. Anyhow don’t
rely too strong on the right or justice of anything, but keep a good
horse on picket and your powder dry.”
The commissioner had arrived early that morning and would take up
matters at once. Nine o’clock was set for the hearing, which would take
place in the quartermaster’s office. Consultations were being held
among the two factions, and the only ray of light was the reported
frigidity of the special officer. He was such a superior personage that
ordinary mortals felt a chill radiating from his person on their
slightest approach. His credentials were from the War Department and
were such as to leave no doubt but that he was the autocrat of the
situation, before whom all should render homage. A rigid military air
prevailed about the post and grounds, quite out of the ordinary, while
the officers’ bar was empty and silent.
The quartermaster’s office would comfortably accommodate about one
hundred persons. Fort Buford had been rebuilt in 1871, the adobe
buildings giving place to frame structures, and the room in which the
hearing was to be held was not only commodious but furnished with good
taste. Promptly on the stroke of the hour, and escorted by the post
adjutant, the grand mogul made his appearance. There was nothing
striking about him, except his military bearing; he was rather young
and walked so erect that he actually leaned backward a trifle. There
was no prelude; he ordered certain tables rearranged, seated himself at
one, and called for a copy of the original contract. The post adjutant
had all the papers covering the situation in hand, and the copy was
placed at the disposal of the special commissioner, who merely glanced
at the names of the contracting parties, amount and date, and handed
the document back. Turning to the table at which Lovell and his
attorneys sat, he asked for the credentials under which they were
tendering beeves at Fort Buford. The sub-contract was produced, some
slight memorandum was made, and it was passed back as readily as was
the original. The opposition were calmly awaiting a similar request,
and when it came, in offering the papers, Congressman Y—— took occasion
to remark: “Our tender is not only on a sub-contract, but that
agreement is fortified by an assignment of the original award, by and
between the War Department and The Western Supply Company. We rely on
the latter; you will find everything regular.”
The customary glance was given the bulky documents. Senator Aspgrain
was awaiting the opportune moment to attack the assignment. When it
came, the senator arose with dignity and, addressing the commissioner,
attempted to enter a protest, but was instantly stopped by that high
functionary. A frozen silence pervaded the room. “There is no occasion
for any remarks in this matter,” austerely replied the government
specialist. “Our department regularly awarded the beef contract for
this post to The Western Supply Company. There was ample competition on
the award, insuring the government against exorbitant prices, and the
required bonds were furnished for the fulfillment of the contract.
Right then and there all interest upon the part of the grantor ceased
until the tender was made at this post on the appointed day of
delivery. In the interim, however, it seems that for reasons purely
their own, the grantees saw fit to sub-let their contract, not once but
twice. Our department amply protected themselves by requiring bonds,
and the sub-contractors should have done the same. That, however, is
not the matter at issue, but who is entitled to deliver on the original
award. Fortunately that point is beyond question; an assignment of the
original has always been recognized at the War Office, and in this case
the holders of the same are declared entitled to deliver. There is only
one provision,—does the article of beef tendered qualify under the
specifications? That is the only question before making this decision
final. If there is any evidence to the contrary, I am ready to hear
it.”
This afforded the opportunity of using Sanders as a witness, and Sutton
grasped the opportunity of calling him to testify in regard to
wintering Southern cattle in the North. After stating his
qualifications as a citizen and present occupation, he was asked by the
commissioner regarding his experience with cattle to entitle his
testimony to consideration. “I was born to the occupation in Texas,”
replied the witness. “Five years ago this summer I came with beef
cattle from Uvalde County, that State, to this post, and after the
delivery, accepted a situation under the quartermaster here in locating
and holding the government’s beeves. At present I am foreman and have
charge of all cattle delivered at or issued from this post. I have had
five years’ experience in wintering Texas cattle in this vicinity, and
have no hesitancy in saying that it is a matter of the utmost
importance that steers should be in the best possible flesh to
withstand our winters. The losses during the most favorable seasons
have averaged from one to five per cent., while the same cattle in a
severe season will lose from ten to twenty-five, all depending on the
condition of the stock with the beginning of cold weather. Since my
connection with this post we have always received good steers, and our
losses have been light, but above and below this military reservation
the per cent. loss has run as high as fifty among thin, weak animals.”
“Now, Mr. Sanders,” said the special commissioner, “as an expert, you
are testifying as to the probable loss to the government in this
locality in buying and holding beef on its own account. You may now
state if you have seen the tender of beef made by Field, Radcliff &
Co., and if so, anticipating the worst, what would be the probable loss
if their cattle were accepted on this year’s delivery?”
“I was present at their inspection by the officers of this post,”
replied the witness, “and have no hesitancy in saying that should the
coming one prove as hard a winter as ’82 was, there would be a loss of
fully one half these cattle. At least that was my opinion as expressed
to the post commander and quartermaster at the inspection, and they
agreed with me. There are half a dozen other boys here whose views on
wintering cattle can be had—and they’re worth listening to.”
This testimony was the brutal truth, and though eternal, was sadly out
of place. The opposition lawyers winced; and when Sutton asked if
permission would be given to hear the testimony of the post commander
and quartermaster, both familiar with the quality of cattle the
government had been receiving for years, the commissioner, having
admitted damaging testimony, objected on the ground that they were
under suspension, and military men were not considered specialists
outside their own vocation. Other competent witnesses were offered and
objected to, simply because they would not admit they were experts.
Taking advantage of the opening, Congressman Y—— called attention to a
few facts in passing. This unfortunate situation, he said, in
substance, was deeply regretted by his clients and himself. The War
Department was to be warmly commended for sending a special
commissioner to hear the matter at issue, otherwise unjust charges
might have been preferred against old and honored officers in the
service. However, if specialists were to be called to testify, and
their testimony considered, as to what per cent. of cattle would
survive a winter, why not call on the weather prophets to testify just
what the coming one would be? He ridiculed the attestations of Sanders
as irrelevant, defiantly asserting that the only question at issue was,
were there five million pounds of dressed beef in the tender of cattle
by Field, Radcliff & Co. He insisted on the letter in the bond being
observed. The government bought cattle one year with another, and
assumed risks as did other people. Was there any man present to
challenge his assertion that the pounds quantity had been tendered?
There was. Don Lovell arose, and addressing the special commissioner,
said: “Sir, I am not giving my opinion as an expert but as a practical
cowman. If the testimony of one who has delivered over ninety thousand
cattle to this government, in its army and Indian departments, is of
any service to you, I trust you will hear me patiently. No exception is
taken to your ruling as to who is entitled to deliver on the existing
award; that was expected from the first. I have been contracting beef
to this government for the past fifteen years, and there may be tricks
in the trade of which I am ignorant. The army has always demanded the
best, while lower grades have always been acceptable to the Indian
Department. But in all my experience, I have never tendered this
government for its gut-eating wards as poor a lot of cattle as I am
satisfied that you are going to receive at the hands of Field, Radcliff
& Co. I accept the challenge that there are not five million pounds of
dressed beef in their tender to-day, and what there is would be a
disgrace to any commonwealth to feed its convicts. True, these cattle
are not intended for immediate use, and I make the counter-assertion
that this government will never kill out fifty per cent. of the weight
that you accept to-day. Possibly you prefer the blandishments of a
lobbyist to the opinion of a practical cowman like Sanders. That’s your
privilege. You refuse to allow us to show the relationship between The
Western Supply Company and the present holders of its assignment, and
in doing so I charge you with being in collusion with these contractors
to defraud the government!”
“You’re a liar!” shouted Congressman Y——, jumping to his feet. The only
reply was a chair hurled from the hand of Sutton at the head of the
offender, instantly followed by a rough house. Several officers present
sprang to the side of the special commissioner, but fortunately
refrained from drawing revolvers. I was standing at some distance from
the table, and as I made a lunge forward, old man Don was hurled
backward into my arms. He could not whip a sick chicken, yet his
uncontrollable anger had carried him into the general melee and he had
been roughly thrown out by some of his own men. They didn’t want him in
the fight; they could do all that was necessary. A number of soldiers
were present, and while the officers were frantically commanding them
to restore order, the scrap went merrily on. Old man Don struggled with
might and main, cursing me for refusing to free him, and when one of
the contractors was knocked down within easy reach, I was half tempted
to turn him loose. The “major-domo” had singled out Sponsilier and was
trying issues with him, Bob Quirk was dropping them right and left,
when the deposed commandant sprang upon a table, and in a voice like
the hiss of an adder, commanded peace, and the disorder instantly
ceased.
The row had lasted only a few seconds. The opposing sides stood glaring
daggers at each other, when the commissioner took occasion to
administer a reproof to all parties concerned, referring to Texas in
not very complimentary terms. Dave Sponsilier was the only one who had
the temerity to offer any reply, saying, “Mr. Yank, I’ll give you one
hundred dollars if you’ll point me out the grave of a man, woman, or
child who starved to death in that state.”
A short recess was taken, after which apologies followed, and the
commissioner resumed the hearing. A Western lawyer, named Lemeraux,
made a very plausible plea for the immediate acceptance of the tender
of Field, Radcliff & Co. He admitted that the cattle, at present, were
not in as good flesh as his clients expected to offer them; that they
had left the Platte River in fine condition, but had been twice
quarantined en route. He was cautious in his remarks, but clearly
intimated that had there been no other cattle in competition for
delivery on this award, there might have been no quarantine. In his
insinuations, the fact was adroitly brought out that the isolation of
their herds, if not directly chargeable to Lovell and his men, had been
aided and abetted by them, retarding the progress of his clients’
beeves and forcing them to travel as fast as twenty-five miles a day,
so that they arrived in a jaded condition. Had there been no
interference, the tender of Field, Radcliff & Co. would have reached
this post ten days earlier, and rest would soon have restored the
cattle to their normal condition. In concluding, he boldly made the
assertion that the condition of his client’s tender of beef was the
result of a conspiracy to injure one firm, that another drover might
profit thereby; that right and justice could be conserved only by
immediately making the decision final, and thus fearlessly silencing
any and all imputations reflecting on the character of this
government’s trusted representatives.
The special commissioner assumed an air of affected dignity and
announced that a conclusion had been arrived at. Turning to old man
Don, he expressed the deepest regret that a civilian was beyond his
power to punish, otherwise he would have cause to remember the affront
offered himself; not that he personally cared, but the department of
government which he had the honor to serve was jealous of its good
name. Under the circumstances he could only warn him to be more guarded
hereafter in choosing his language, and assured Lovell that it was in
his power to escort any offender off that military reservation. Pausing
a moment, he resumed a judicial air, and summed up the situation:
“There was no occasion,” said he, in an amiable mood, “to refer this
incident to the War Department if the authorities here had gone about
their work properly. Fortunately I was in Minneapolis adjusting some
flour accounts, when I was ordered here by the quartermaster-general.
Instead of attempting to decide who had the best tender of cattle, the
one with the legal right alone should have been considered. Our
department is perfectly familiar with these petty jealousies, which
usually accompany awards of this class, and generally emanate from
disappointed and disgruntled competitors. The point is well taken by
counsel that the government does not anticipate the unforeseen, and it
matters not what the loss may be from the rigors of winter, the
contractor is exempt after the day of delivery. If the cattle were
delayed en route, as has been asserted, and it was necessary to make
forced drives in order to reach here within the specified time, all
this should be taken into consideration in arriving at a final
conclusion. On his reinstatement, I shall give the quartermaster of
this post instructions, in receiving these cattle, to be governed, not
so much by their present condition as by what they would have been had
there been no interference. Now in behalf of the War Department, I
declare the award to The Western Supply Company, and assigned to Field,
Radcliff, and associates, to have been fulfilled to the satisfaction of
all parties concerned. This closes the incident, and if there is
nothing further, the inquiry will stand adjourned without date.”
“One moment, if you please,” said Don Lovell, addressing the
commissioner and contractors; “there is a private matter existing
between Field, Radcliff & Co. and myself which demands an understanding
between us. I hold a sum of money, belonging to them, as indemnity
against loss in driving ten thousand cattle from Southern Texas to this
post. That I will sustain a heavy loss, under your decision, is beyond
question. I am indemnified to the amount of about six dollars and a
half a head, and since the government is exempt from garnishment and
the contractors are wholly irresponsible, I must content myself with
the money in hand. To recover this amount, held as indemnity, suit has
been threatened against me. Of course I can’t force their hands, but I
sincerely hope they will feel exultant enough over your kangaroo
decision to file their action before taking their usual outing in
Europe. They will have no trouble in securing my legal address, my
rating can be obtained from any commercial agency, and no doubt their
attorneys are aware of the statute of limitation in my state. I believe
that’s all, except to extend my thanks to every one about Fort Buford
for the many kind attentions shown my counsel, my boys, and myself. To
my enemies, I can only say that I hope to meet them on Texas soil, and
will promise them a fairer hearing than was accorded me here to-day.
Mr. Commissioner, I have always prided myself on being a good citizen,
have borne arms in defense of my country, and in taking exception to
your decision I brand you as the most despicable member of The Western
Supply Company. Any man who will prostitute a trust for a money
consideration—”
“That’s enough!” shouted the special commissioner, rising. “Orderly,
call the officer of the day, and tell him I want two companies of
cavalry to furnish an escort for this man and his herds beyond the
boundaries of this military reservation.” Looking Lovell in the face,
he said: “You have justly merited a severe punishment, and I shall
report your reflections to the War and Indian departments, and you may
find it more difficult to secure contracts in the future. One of you
officers detail men and take charge of this man until the escort is
ready. The inquiry is adjourned.”