Piccadilly Doubles 2
Page 49
About one o’clock we started, thirty strong. Riding down the Yellowstone, the three detailed men, Quince Forrest, and my brother soon bore off to the left and we lost sight of them. Continuing on down the river, we forded the Missouri at the regular wagon-crossing, and within an hour after leaving Forrest’s camp cantered into Fort Buford. Sanders and his outfit were waiting in front of the quartermaster’s office, the hour for starting having been changed from two to three, which afforded ample time to visit the sutler’s bar. Our arrival was noticed about the barracks, and evidently some complaint had been made, as old man Don joined us in time for the first round, after which he called Dave and me aside. In reply to his inquiry regarding our presence, Sponsilier informed him that we had come in to afford him an escort, in case he wished to attend the inspection of the opposition herds; that if there was any bulldozing going on he needn’t stand behind the door. Dave informed him that Bob and Quince and three of the other boys would meet us at the cattle, and that he need feel no hesitancy in going if it was his wish. It was quite evident that Mr. Lovell was despondent, but he took courage and announced his willingness to go along.
“It was my intention not to go,” said he, “though Mr. Aspgrain and Sutton both urged that I should. But now since you boys all feel the same way, I believe I’ll go. Heaven and earth are being moved to have the other cattle accepted, but there are a couple of old war-horses at the head of this post that will fight them to the last ditch, and then some. I’m satisfied that my beeves, in any market in the West, are worth ten dollars a head more than the other ones, yet there is an effort being made to turn us down. Our claims rest on two points,—superiority of the beef tendered, and the legal impossibility of a transfer from themselves, a corporation, to themselves as individuals. If there is no outside interference, I think we will make the delivery before noon to-morrow. Now, I’ll get horses for both Mr. Sutton and Senator Aspgrain, and you see that none of the boys drink too much. Sanders and his outfit are all right, and I want you lads to remind me to remember him before we leave this post. Now, we’ll all go in a little party by ourselves, and I don’t want a word out of a man, unless we are asked for an opinion from the officers, as our cattle must argue our cause.”
A second drink, a cigar all round, and we were ready to start. As we returned to our mounts, a bustle of activity pervaded the post. Orderlies were leading forth the best horses, officers were appearing in riding-boots and gauntlets, while two conveyances from a livery in town stood waiting to convey the contractors and their legal representatives. Our employer and his counsel were on hand, awaiting the start, when the quartermaster and his outfit led off. There was some delay among the officers over the change of a horse, which had shown lameness, while the ringsters were all seated and waiting in their vehicles. Since none of us knew the trail to Alkali Lake, someone suggested that we follow up the quartermaster and allow the military and conveyances to go by the wagon-road. But Lovell objected, and ordered me forward to notice the trail and course, as the latter was a cut-off and much nearer than by road. I rode leisurely past the two vehicles, carefully scanning every face, when Mr. Field recognized and attempted to halt me, but I answered him with a contemptuous look and rode on. Instantly from the rigs came cries of “Stop that man!” “Halt that cowboy!” etc., when an orderly stepped in front of my horse and I reined in. But the shouting and my detention were seen and heard, and the next instant, led by Mike Sutton, our men dashed up, scaring the teams, overturning both of the conveyances, and spilling their occupants on the dusty ground. I admit that we were a hard-looking lot of cow-hands, our employer’s grievance was our own, and just for an instant there was a blue, sulphuric tinge in the atmosphere as we accented our protest. The congressman scrambled to his feet, sputtering a complaint to the post commander, and when order was finally restored, the latter coolly said:
“Well, Mr. Y—, when did you assume command at Fort Buford? Any orders that you want given, while on this military reservation, please submit them to the proper authorities, and if just, they will receive attention. What right have you or any of your friends to stop a man without due process? I spent several hours with these men a few days ago and found them to my liking. I wish we could recruit the last one of them into our cavalry. But if you are afraid, I’ll order out a troop of horse to protect you. Shall I?”
“I’m not at all afraid,” replied Mr. Raddiff, “but feel under obligation to protect my counsel. If you please, Colonel.”
“Captain O’Neill,” said the commandant, turning to that officer, “order out your troop and give these conveyances ample protection from now until their return from this cattle inspection. Mr. Lovell, if you wish to be present, please ride on ahead with your men. The rest of us will proceed at once, and as soon as the escort arrives, these vehicles will bring up the rear.”
As we rode away, the bugles were calling the troopers.
“That’s the way to throw the gaff into them,” said Sutton, when we had ridden out of hearing. “Every time they bluff, call their hand, and they’ll soon get tired running blazers. I want to give notice right now that the first mark of disrespect shown me, by client or attorney, I’ll slap him then and there, I don’t care if he is as big as a giant. We are up against a hard crowd, and we want to meet them a little over halfway, even on a hint or insinuation. When it comes to buffaloing the opposite side, that’s my long suit. The history of this case shows that the opposition has no regard for the rights of others, and it is up to us to try and teach them that a love of justice is universal. Personally, I’m nothing but a frontier lawyer from Dodge, but I’m the equal of any lobbyist that ever left Washington City.”
Alkali Lake was some little distance from the post. All three of the herds were holding beyond it, a polite request having reached them to vacate the grazing-ground of the cavalry horses. Lovell still insisted that we stand aloof and give the constituted authorities a free, untrammeled hand until the inspection was over. The quartermaster and his assistants halted on approaching the first herd, and giving them a wide berth, we rode for the nearest good point of observation. The officers galloped up shortly afterward, reining in for a short conversation, but entering the first herd before the arrival of the conveyances and their escort. When the latter party arrived, the nearest one of the three herds had been passed upon, but the contractors stood on the carriage seats and attempted to look over the cordon of troopers, formed into a hollow square, which surrounded them. The troop were mounted on chestnut horses, making a pretty sight, and I think they enjoyed the folly and humor of the situation fully as much as we did. On nearing the second herd, we were met by the other boys, who had given the cattle a thorough going-over and reported finding two “Circle Dot” beeves among the opposition steers. The chances are that they had walked off a bed-ground some night while holding at Ogalalla and had been absorbed into another herd before morning. My brother announced his intention of taking them back with us, when Sponsilier taunted him with the fact that there might be objections offered.
“That’ll be all right, Davy,” replied Bob; “it’ll take a bigger and better outfit than these pimps and tin-horns to keep me from claiming my own. You just watch and notice if those two steers don’t go back with Forrest. Why, they had the nerve to question our right even to look them over. It must be a trifle dull with the GIRLS down there in Ogalalla when all these ‘babies’ have to turn out at work or go hungry.”
Little time was lost in inspecting the last herd. The cattle were thrown entirely too close together to afford much opportunity in looking them over, and after riding through them a few times, the officers rode away for a consultation. We had kept at a distance from the convoy, perfectly contented so long as the opposition were prisoners of their own choosing. Captain O’Neill evidently understood the wishes of his superior officer, and never once were his charges allowed within hailing distance of the party of inspection. As far as exerting any influence was concerned, for that matter, all of us might have
remained back at the post and received the report on the commander’s return. Yet there was a tinge of uncertainty as to the result, and all concerned wanted to hear it at the earliest moment. The inspection party did not keep us long in waiting, for after a brief conference they turned and rode for the contractors under escort. We rode forward, the troop closed up in close formation about the two vehicles, and the general tension rose to that of rigidity. We halted quietly within easy hearing distance, and without noticing us the commandant addressed himself to the occupants of the conveyances, who were now standing on the seats.
“Gentlemen,” said he, with military austerity, “the quality and condition of your cattle places them beyond our consideration. Beef intended for delivery at this post must arrive here with sufficient flesh to withstand the rigors of our winter. When possible to secure them, we prefer Northern wintered cattle, but if they are not available, and we are compelled to receive Southern ones, they must be of the first quality in conformation and flesh. It now becomes my duty to say to you that your beeves are rough, have been over-driven, are tender-footed and otherwise abused, and, having in view the best interests of the service, with the concurrence of my associates, I decline them.”
The decision was rendered amid breathless silence. Not a word of exultation escaped one of our party, but the nervous strain rather intensified.
Mr. Y—, the congressman, made the first move. Quietly alighting from the vehicle, he held a whispered conversation with his associates, very composedly turned to the commandant, and said:
“No doubt you are aware that there are higher authorities than the post commander and quartermaster of Fort Buford. This higher court to which I refer saw fit to award a contract for five million pounds of beef to be delivered at this post on foot. Any stipulations inserted or omitted in that article, the customary usages of the War Department would govern. If you will kindly look at the original contract, a copy of which is in your possession, you will notice that nothing is said about the quality of the cattle, just so the pounds avoirdupois are there. The government does not presume, when contracting for Texas cattle, that they will arrive here in perfect order; but so long as the sex, age, and weight have been complied with, there can be no evasion of the contract. My clients are sub-contractors, under an assignment of the original award, are acting in good faith in making this tender, and if your decision is against them, we will make an appeal to the War Department. I am not presuming to tell you your duty, but trust you will take this matter under full advisement before making your decision final.”
“Mr. Y—, I have received cattle before without any legal advice or interference of higher authority. Although you have ignored his presence, there is another man here with a tender of beef who is entitled to more than passing consideration. He holds a sub-contract under the original award, and there is no doubt but he is also acting in good faith. My first concern as a receiving agent of this government is that the goods tendered must be of the first quality. Your cattle fall below our established standards here, while his will take rank as the finest lot of beeves ever tendered at this post, and therefore he is entitled to the award. I am not going to stand on any technicalities as to who is legally entitled to make this delivery; there have been charges and counter-charges which have reached me, the justice of which I cannot pass on, but with the cattle it is quite different. I lack but five years of being retired on my rank, the greater portion of which service has been spent on this frontier, and I feel justified in the decision made. The government buys the best, insists on its receiving agents demanding the same, and what few remaining years I serve the flag, there will be no change in my policy.”
There was a hurried conference. The “major-domo” was called into the consultation, after which the congressman returned to the attack.
“Colonel, you are forcing us to make a protest to the War Department. As commander at Fort Buford, what right have you to consider the tender of any Tom, Dick, or Harry who may have cattle to sell? Armed with an assignment of the original award, we have tendered you the pounds quantity required by the existing contract, have insisted on the acceptance of the same, and if refused, our protest will be in the War Office before that sun sets. Now, my advice is—”
“I don’t give a damn for you nor your advice. My reputation as a soldier is all I possess, and no man can dictate to nor intimidate me. My past record is an open book and one which I am proud of; and while I have the honor to command at Fort Buford, no threats can terrify nor cause me to deviate from my duty. Captain O’Neill, attend orders and escort these vehicles back to their quarters.”
The escort loosened out, the conveyances started, and the inspection was over. We were a quiet crowd, though inwardly we all felt like shouting. We held apart from the military party, and when near the herd which held the “Circle Dot” steers, my brother and a number of the boys galloped on ahead and cut out the animals before our arrival. On entering the wagon-road near the post, the military cavalcade halted a moment for us to come up. Lovell was in the lead, and as we halted the commandant said to him: “We have decided to receive your cattle in the morning— about ten o’clock if that hour will be convenient. I may not come over, but the quartermaster’s Mr. Sanders will count for us, and you cowmen ought to agree on the numbers. We have delayed you a day, and if you will put in a bill for demurrage, I will approve it. I believe that is all. We’ll expect you to spend the night with us at the post. I thought it best to advise you now, so that you might give your men any final orders.”
Chapter Twenty-Three – 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 nearby 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 t
ender. 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.