THE RULE OF CATTLE
The courthouse was a low, one-story redbrick building, sitting well back
from the street. It was evidently newly built, for an accumulation of
debris, left by the workmen, still littered the ground in the vicinity.
A board walk led from the street to the wide, arched entrance. From the
steps one could look down the street at the station and the other
buildings squatting in the sunlight, dingy with the dust of many dry
days. Except for the cowponies and the buckboard and the prairie
schooner there was a total absence of life or movement, offering a
striking contrast to the bustling cities to which the young man had been
accustomed.
He walked rapidly down the board walk, entered the courthouse, and
paused before a door upon which appeared the legend: "United States
District Court. J. Blackstone Graney." The young man set his suit cases
down, mopped his forehead with his handkerchief, making a wry face at
the dust that appeared on the linen after his use of it, and then
knocked lightly, but firmly, on the door. A voice inside immediately
admonished him to "come in." The young man smiled with satisfaction,
turned the knob and opened the door, standing on the threshold. A man
seated at one of the windows of the room was gazing steadily out at the
vast, dry, sun-scorched country. He turned at the young man's entrance
and got slowly to his feet, apparently waiting for the visitor to speak.
He was a short man, not heavily, but stockily built, giving a clear
impression of stolidity. Yet there was a certain gleam in his eyes that
gave the lie to this impression, a gleam that warned of an active,
analytical mind. Judicial dignity lurked all over him.
The young man bowed respectfully. "Are you Judge Graney?" he questioned.
The judge nodded and the young man smiled slightly. "I am Kent Hollis,"
he said.
The judge had been approaching a big table that stood in the center of
the room and at the young man's words he took a second glance at him,
but did not hesitate in his walk toward the table. However, he smiled
when he reached it, sinking into a chair and motioning the young man to
another.
"I have been expecting you," he said after he had become seated. "Take a
chair." He waited until the young man had drawn a chair opposite him and
then he leaned over the table and stretched out his hand in greeting.
"I'm glad to see you," he continued cordially. He held the young man's
hand for an instant, peering steadily into the latter's unwavering eyes,
apparently making a mental estimate of him. Then he dropped the hand and
sat back, a half smile on his face. "You look like your father," he
said.
The young man's face clouded. "Poor dad," he said slowly.
For a moment there was a silence; the judge studied the young man's
face. Something that he saw in it must have pleased him, for he smiled,
becoming serious instantly.
"I am sorry you could not get here in time," he said. "We buried your
father yesterday."
"I couldn't make it," returned the young man regretfully. "I should have
liked to see him before he died. Where did you bury him?"
"We took him out to his ranch--the Circle Bar," returned the judge,
"where he said he wanted to be buried when he died. You'll find that the
Circle Bar boys have done their best for him--which was little enough.
Poor fellow, he deserved something better." He looked keenly at the
young man.
Lines of pain came into the latter's face; he bowed his head, nodding at
the Judge's words.
"I have always thought that it was his own fault," he said gently. "It
might have been different." He looked slowly up at the judge, his face
reddening with embarrassment. "Of course you know something of his
life," he said. "You were his friend--he wrote me a while back, telling
me that. I don't pretend to know what came between him and mother," he
continued; "mother would never tell and father never mentioned it in his
letters. I have thought it was drink," he added, watching the judge's
face closely. He caught the latter's slight nod and his lips
straightened. "Yes, it must have been drink," he continued; "I have
inferred that from what mother has hinted now and then. But----" and a
wistful gleam came into his eyes--"I have hoped that it would not be
drink that would cause his----"
He caught the judge's slow, grave nod and he broke off abruptly, his
eyes filling with an expression of resignation. "Well," he said, "it is
ended, no matter what did it." He shoved back his chair. "I thank you
for what you did for him," he added, rising; "I assure you that if it is
possible for me to repay----"
"Sit down," said the judge, waving a hand to the young man's chair. "No
thanks are due me. I did only what any friend would do for another. I
have arranged for you to go out to the Circle Bar," he informed Hollis
as the latter hesitated over resuming his chair. "Neil Norton, your
range boss, is to be here at six o'clock with the buckboard." He
consulted his watch. "He ought to be here in half an hour--if he is on
time. Meantime there are some things I would like to say to you."
Hollis smiled. "Fire away," he directed.
The judge leaned his elbows on the table and narrowed his eyes at
Hollis. "Don't think my questions impertinent," he said gravely, "for I
assure you that nothing is further from my mind than a desire to pry
into your affairs. But I take it you will need some advice--which, of
course, you may disregard if you wish. I suppose you don't make a secret
of your age?"
"No," was the instant reply, given with a grin, "I am twenty-six."
The judge smiled dryly. "We have great ambitions at twenty-six," he
said. "I remember that at twenty-six I was rather determined on making
the Supreme bench. You can see for yourself how far I missed it. I do
not say that we never realize our ambitions," he added quickly as he saw
a flash light up the young man's eyes; "I merely wish to show that in my
case they were rather extravagant." He grimaced, continuing with a
smile: "You are a college man, of course--I can see that."
Hollis nodded. The judge continued, with an admiring glance at the young
man's muscular frame and broad shoulders.
"Went in for athletics--football, and such?" he said. "Well," he added,
catching the young man's nod, "it didn't hurt you a particle--it doesn't
hurt anybody. Rather prepares a man for hard knocks--which he is sure to
get sooner or later. If you have decided to live in this country you
must expect hard knocks. And I presume you are going to live here?"
"That depends." returned Hollis. "If father has left his affairs in such
shape that it is necessary for me to stay here and straighten them out,
why of course I shall stay. Otherwise----" He hesitated and laughed
quietly, continuing: "Well, I also have an ambition, and if I am
compelled to remain here it will have to be sacrificed. It is a rather
humble ambition compared to yours," he laughed. "It is journalism," he
continued, suddenly serious; "I want to own a newspaper. I am city
editor now and in a few years----" He laughed. "I am not going to
prophesy, but I have been working hard."
The judge's eyelashes flickered, but his face remained grave. "I am
afraid that you will have to remain here. That is"--he added dryly--"if
you expect to realize anything from the property."
"I expect there can't be much property," observed Hollis.
The judge smiled. "A thousand acres of good grass land, some buildings,
and"--here the judge's eyes gleamed and he drawled his words--"a
newspaper."
Hollis sat erect. "A newspaper!" he gasped. "A newspaper in this
country? Why, man, a newspaper----"
The judge laughed. "So you will not have to go back East in order to be
able to realize your ambition--you can own a newspaper here--your
father's newspaper--the Dry Bottom _Kicker_. It was quite a recent
venture; I believe it appeared about a dozen times--intermittently.
Ostensibly it was a weekly, but in reality it was printed at those times
when your father's affliction sat least heavily upon him. He used to
hire a compositor from Las Vegas to set the type,--a man named Potter--a
worthless sort of fellow, but a genius in his way--when sober. I suspect
that much of the matter that went into the _Kicker_ emanated from
the brain of Dave Potter."
Hollis's smile revealed just a trace of derision. "You don't happen to
know how father happened to think that a newspaper would pay--in this
place?" he asked.
The judge looked at him meditatively, a gleam of quiet amusement in his
eyes. "I don't remember to have said that the paper made any money for
your father," he returned slowly; "nor do I remember hearing your father
say that he expected it to make any money. As I understand the
situation, your father founded the paper on principle. He expected to
use it as a weapon."
"Please go on," urged Hollis. "That strikes me as a rather Quixotic
proceeding."
"It was, rather," admitted the judge; "that is, it would seem Quixotic
as viewed by an Eastern newspaper man. But out here people are apt to
ignore money and methods in considering results. After you have been
here a while you will be able to see the force and truth of that
statement. Your father was after results and he seized upon the idea of
founding a newspaper as a means by which to obtain them. And I feel
certain that had he lived he would have succeeded."
"I plead ignorance," said Hollis, watching the judge closely. "What
particular result did my father desire?"
Judge Graney's eyes gleamed with earnestness. He leaned forward,
speaking slowly and distinctly.
"I am going to illustrate my point by giving you a brief history of your
father's experiences out here--as I had it from him. He came out here
about fifteen years ago and took up a quarter-section of land over on
Rabbit-Ear Creek, the present site of the Circle Bar ranch. For quite a
few years he was a nester--as the small owner is called in this country,
but he was unmolested for the reason that there were few large owners in
the vicinity and each man was willing that his neighbor should succeed.
Your father prospered and after a few years began to buy land. He
finally acquired a thousand acres; he told me that at one time he had
about five thousand head of cattle. Of course, these cattle could not
live on your father's thousand acres, but the ranges are free and the
thousand acres answered very well as a headquarters.
"Eight years ago some men in Santa Fe organized what is known as the
Union County Cattlemen's Association. This company secured a section of
land adjoining your father's property, on the other side of Rabbit-Ear
Creek. The company called its ranch the Circle Cross. Perhaps it strikes
you as peculiar that the Association should have chosen a brand so
closely resembling your father's. I will digress long enough to explain
the action."
The judge drew out a pencil and picked up a piece of paper that lay near
him on the desk, making some crude hieroglyphics and poising his pencil
above them.
"Here," he explained, indicating a sketch which he had drawn, "is the
Circle Bar brand--a bar within a circle. And this--" indicating another
sketch, "--is the Circle Cross--a cross within a circle. It is of course,
perfectly obvious that all the Circle Cross company had to do when it
desired to appropriate one of the Circle Bar cattle was to add a
vertical bar to the Circle Bar brand and the brand became the Circle
Cross. From a mechanical standpoint it was a very trifling operation,
the manipulator of the brands having merely to apply the hot iron
through a piece of wet blanket--that gives a new brand the appearance of
age.
"To get back to the main subject. The new company called its ranch the
Circle Cross and it erected new buildings within a few miles of the
Circle Bar buildings. Not long after the advent of the new company it
tried to buy the Circle Bar, but your father refused to sell. Bill
Dunlavey, the Circle Cross manager, attempted to negotiate the purchase
of the Circle Bar and when he was met with refusal hard words passed
between him and your father. Not long after that your father began to
miss cattle--rustlers began a systematic attack upon his herds. Your
father recognized this thievery as the work of the Cattlemen's
Association and he fought back.
"A number of times he changed his brands but each time the company
checkmated him. To illustrate: Your father changed his brand to appear
thus:" The judge drew again on the paper. "That is the 'Wine-Glass'
brand. You can see that it resembles a wine glass when held up
vertically, though of course as it appeared on the Circle Bar cattle it
lay on its side. But this move was futile, for among the Circle Cross
cattle now appeared many branded with the sign of the 'Hour-Glass,'
thus:" The judge drew again. "This was achieved by merely adding a
semi-circle to the wine-glass, closing over the bowl."
"As I have said your father altered his brand a good many times. But the
Circle Bar cattle continued to disappear. Years of warfare followed. The
Cattlemen's Association lost no opportunity to harass your father or,
for that matter, all the other small owners in the vicinity. Desperate,
dissolute men were imported from Texas and Arizona, men who took delight
in the shedding of human blood. These men roamed the ranges, stealing
the Circle Bar cattle and killing Circle Bar cowboys. Your father had
trouble in keeping men; in order to surround himself with enough men to
protect his cattle and resist the aggressions of Dunlavey's hired
assassins he was forced to pay ruinous wages.
"Even then he could not prevent rustling. Dunlavey bribed his men; his
herds dwindled; he saw that he was facing ruin if he did not devise some
means to successfully cope with his enemies. He went over to Santa Fe to
see the governor--a piffling carpet-bagger. He was told that the
government was powerless; that the same condition existed all over the
country, and that the government was unable to combat it. The Law had
not come.
"Your father returned home, discouraged but not beaten. He approached
the several other small owners in the vicinity, asking for co-operation
and assistance. Fearful of Dunlavey's wrath, the small owners refused to
organize. But your father decided to carry on the fight alone. He
recognized the fact that nothing but the Law could defeat the
association's aims, and he determined to force the Law into the
Territory. With this end in view he established his newspaper. He
succeeded in arousing public interest with the result that a court was
established here."
The judge smiled dryly, continuing: "Yes, the Law is here. Or what is
more to the point, a representative of the Law is here. 'I am the Law,'"
he quoted, ironically. "But my hands are tied; this court is a mere
travesty upon justice. The government at Washington has seen fit to send
me here--alone. I can't go out and get evidence; I couldn't secure a
conviction if I did. The people here who are not Dunlavey's friends were
afraid of him. I can't get a jury. Dunlavey elects the sheriff--controls
the election machinery. I am powerless--a mere figurehead. This is the
situation in a nutshell. I could go into detail, but I imagine it is
plain enough as it is."
Hollis's face had become gravely serious; his lips were straightened
with an expression that hinted at the conflict that was going on in his
mind.
"Isn't there an army post near?" he questioned.
"Over at Fort Union--a hundred miles or so southwest. I have pleaded for
a detail, but have been informed that it can't be had; that the soldiers
are needed to keep the Indians in order. Independent cattlemen are
supposed to fight it out alone. At least that is the inference, if we
are to consider the attitude of the government."
Hollis was gravely silent. The judge leaned back in his chair, watching
him with a queer expression. He realized that he had said enough to
discourage the average young man from remaining in the country a moment
longer than was absolutely necessary. He would not have been surprised
had Hollis told him that he did not intend to remain. But from what he
had seen of the young man he felt sure that his decision, when it did
come, would be final. More than once since Hollis had been in the office
had the judge observed the serene, steady gleam in his eyes, and he had
catalogued him with the rare class of men whose mental balance is so
perfect that nothing disturbs it. The judge had met a few such men in
the West and he knew the type. As he sat looking at the young man he
decided that Providence had made a mistake in allowing him to waste his
time in the East. The West teemed with opportunities for men of his
kind.
He was not surprised at Hollis's next question; it showed that he was
considering the situation from many angles before committing himself.
"What is the condition of Circle Bar ranch at present?" he asked.
"The title to the land is intact and cannot be assailed. But Norton
informs me that there are not above two hundred head of cattle on the
range, and that the buildings are run down. Not a very cheerful
prospect?"
He had told the truth about the land and the cattle, but he had
purposely exaggerated concerning the condition of the buildings, being
grimly determined to place the situation in its most unfavorable light
that he might be the better able to test the young man's mettle. He
smiled as Hollis thoughtfully stroked his chin.
"Well, now," admitted the latter, flashing a queer smile at the judge,
"I quite agree with you that the prospect isn't cheering. But so long as
the condition is such as it is there is no need to grumble. I didn't
come out here expecting to fall into a bed of roses."
"Then you won't be disappointed," returned the judge dryly. He filled
and lighted a pipe, smoking meditatively, his eyes on the younger man
with a curious expression. He had determined to push the test a little
farther.
"You could probably sell the Circle Bar," he said finally. "Your father
told me before he died that he had been offered ten dollars an acre for
his land. That would total to a tidy sum."
Hollis looked quickly at the judge, his eyes flashing with grim
amusement. "Would you advise me to sell?" he questioned.
The judge laughed quietly. "That is an unfair question," he equivocated,
narrowing his eyes whimsically. "If I were heir to the property and felt
that I did not care to assume the danger of managing it I should sell,
without doubt. If, on the other hand, I had decided to continue my
father's fight against an unscrupulous company, I would stay no matter
what the consequences. But"--He puffed slowly at his pipe, his voice
filling with unmistakable sarcasm--"it would be so much easier to sell
and return at once to a more peaceful atmosphere. With ten thousand
dollars you could go back East and go on with your newspaper work, well
equipped, with a chance of realizing your ambition--and not be troubled
with continuing a fight in which, no doubt, there would be many blows to
be taken."
"Thank you," returned Hollis quietly. He looked steadily into the
judge's eyes, his own glinting with a grim humor. "You have succeeded in
making it very plain," he continued slowly. "But I am not going to
run--I have decided on that. Of course I feel properly resentful over
the way my father has been treated by this man Dunlavey and his
association." His eyes flashed with a peculiar hardness. "And I would
stay here and fight Dunlavey and his parcel of ruffians if for no other
reason than to secure revenge on personal grounds.
"But there is one other reason. There is a principle at stake. I don't
care very much about the personal side of the question; little as I knew
my father, I believe he would have ignored personalities were he
confronted with the condition that confronts me. It is my belief that as
an American citizen he chafed under conditions that prevented him from
enjoying that freedom to which we are all entitled under the
Constitution. Judging from your conversation you are in entire sympathy
with that sentiment." He smiled at the judge. "Of course I am not
mistaken?" he added.
The tobacco in the bowl of the judge's pipe spluttered; he brought his
right fist heavily down upon the table, rattling the pens and ink
bottles that littered its top. "No, young man; you are not mistaken--you
have hit the nail squarely on the head. If you are going to stay here
and fight Dunlavey and his crew, Blackstone Graney is with you
until----"
"Until the Law comes," suggested Hollis.
"Yes, by thunder!" declared the judge. "You can go further than that and
say: 'until the Law rules!'"