by Andy Adams
CHAPTER XXII. A SOLDIER'S HONOR
Delivery day dawned with a heavy fog hanging over the valley of theYellowstone. The frosts had ceased, and several showers had fallenduring the night, one of which brought our beeves to their feet, butthey gave no serious trouble and resumed their beds within an hour.There was an autumn feeling in the atmosphere, and when the sun arose,dispelling the mists, a glorious September day was ushered in. Thefoliage of the timber which skirted either river was coloring fromrecent frosts, while in numerous places the fallen leaves of thecottonwood were littering the ground. Enough rain had fallen to settlethe dust, and the signal of the approaching herds, seen the eveningbefore, was no longer visible.
The delay in their appearance, however, was only temporary. I rode downto Sponsilier's camp early that morning and reported the observationsof my wrangler at sundown. No one at the lower wagon had noticed thedust-clouds, and some one suggested that it might be a freight outfitreturning unloaded, when one of the men on herd was seen signaling thecamp's notice. The attention of the day-herders, several miles distant,was centered on some object up the river; and mounting our horses, werode for the nearest elevation, from which two herds were to be seen onthe opposite side, traveling in trail formation. There was no doubtingtheir identity; and wondering what the day would bring forth, we rodefor a better point of observation, when from behind a timbered bend ofthe river the lead of the last herd appeared. At last the YellowstoneValley held over twenty thousand beef cattle, in plain sight of eachother, both factions equally determined on making the delivery on anaward that required only half that number. Dismounting, we kept theherds in view for over an hour, or until the last one had crossed theriver above O'Brien's road-house, the lead one having disappeared out ofsight over on the main Missouri.
This was the situation on the morning of September 15. As we returnedto Sponsilier's wagon, all the idle men about the camp joined ourcavalcade, and we rode down and paid Forrest's outfit a social visit.The latter were all absent, except the cook, but shortly returned fromdown the river and reported the opposition herds to be crossing theMissouri, evidently going to camp at Alkali Lake.
"Well, I've been present at a good many deliveries," said QuinceForrest, as he reined in his horse, "but this one is in a class byitself. We always aimed to get within five or ten miles of a postor agency, but our friends made a worthy effort to get on theparade-ground. They did the next best thing and occupied the grazingwhere the cavalry horses have been herded all summer. Oh, their cattlewill be hog-fat in a few days. Possibly they expect to show their cattlein town, and not trouble the quartermaster and comandante to even saddleup--they're the very kind of people who wouldn't give anybody trouble ifthey could help it. It wouldn't make so much difference about thoseold frontier officers or a common cowman, but if one of those younglieutenants was to get his feet wet, the chances are that thoseWashington City contractors would fret and worry for weeks. Of course,any little inconvenience that any one incurred on their account, they'dgladly come all the way back from Europe to make it right--I don'tthink."
While we were discussing the situation, Bob Quirk arrived at camp. Hereported that Lovell, relying on the superiority of our beeves, hadwaived his right to deliver on the hour of high noon, and an inspectionof the other cattle would be made that evening. The waiver was made atthe request of the leading officers of Fort Buford, all very friendly tothe best interests of the service and consequently ours, and the objectwas to silence all subsequent controversy. My brother admitted thatsome outside pressure had been brought to bear during the night, veryantagonistic to the post commander, who was now more determined thanever to accept none but the best for their next year's meat supply. Awell-known congressman, of unsavory reputation as a lobbyist in aidingand securing government contracts for his friends, was the latestaddition to the legal forces of the opposition. He constantly mentionedhis acquaintances in the War Department and maintained an air ofassurance which was very disconcerting. The younger officers in thepost were abashed at the effrontery of the contractors and their legalrepresentatives, and had even gone so far as to express doubts as tothe stability of their positions in case the decision favored Lovell'scattle. Opinion was current that a possible shake-up might occur atBuford after the receipt of its beef supply, and the more timorous oneswere anxious to get into the right wagon, instead of being relegated tosome obscure outpost.
It was now evident that the decisive issue was to occur over thedelivery of the contending herds. Numerous possibilities arose in myimagination, and the various foremen advanced their views. A generalbelief that old man Don would fight to the last was prevalent, andamidst the discussions pro and con, I remarked that Lovell could take afinal refuge behind the indemnity in hand.
"Indemnity, hell!" said Bob Quirk, giving me a withering look; "what issixty-five thousand dollars on ten thousand beeves, within an hour ofdelivery and at thirty-seven and a half a head? You all know that theold man has strained his credit on this summer's drive, and he's gotto have the money when he goes home. A fifteen or twenty per cent.indemnity does him no good. The Indian herds have paid out well, butif this delivery falls down, it will leave him holding the sack. On theother hand, if it goes through, he will be, financially, an independentman for life. And while he knows the danger of delay, he consented asreadily as any of us would if asked for a cigarette-paper. He may comeout all right, but he's just about white enough to get the worst of it.I've read these Sunday-school stories, where the good little boy alwayscame out on top, but in real life, especially in cattle, it's quitedifferent."
My brother's words had a magical effect. Sponsilier asked forsuggestions, when Bob urged that every man available go into the postand accompany the inspection party that afternoon. Since Forrest andhimself were unknown, they would take about three of the boys withthem, cross the Missouri, ride through and sum up the opposition cattle.Forrest approved of the idea, and ordered his cook to bestir himselfin getting up an early dinner. Meanwhile a number of my boys had riddendown to Forrest's wagon, and I immediately dispatched Clay Zilligan backto my cattle to relieve Vick Wolf and inform the day-herders that wemight not return before dark. Wolf was the coolest man in my employ, hadfigured in several shooting scrapes, and as he was a splendid shot,I wanted to send him with Forrest and my brother. If identified asbelonging to Lovell's outfits, there was a possibility that insult mightbe offered the boys; and knowing that it mattered not what the oddswere, it would be resented, I thought it advisable to send a man whohad smelt powder at short range. I felt no special uneasiness about mybrother, in fact he was the logical man to go, but a little precautionwould do no harm, and I saw to it that Sponsilier sent a goodrepresentative.
About one o'clock we started, thirty strong. Riding down theYellowstone, the three detailed men, Quince Forrest, and my brother soonbore off to the left and we lost sight of them. Continuing on down theriver, we forded the Missouri at the regular wagon-crossing, and withinan hour after leaving Forrest's camp cantered into Fort Buford. Sandersand his outfit were waiting in front of the quartermaster's office, thehour for starting having been changed from two to three, which affordedample time to visit the sutler's bar. Our arrival was noticed about thebarracks, and evidently some complaint had been made, as old man Donjoined us in time for the first round, after which he called Dave andme aside. In reply to his inquiry regarding our presence, Sponsilierinformed him that we had come in to afford him an escort, in case hewished to attend the inspection of the opposition herds; that if therewas any bulldozing going on he needn't stand behind the door. Daveinformed him that Bob and Quince and three of the other boys would meetus at the cattle, and that he need feel no hesitancy in going if it washis wish. It was quite evident that Mr. Lovell was despondent, but hetook courage and announced his willingness to go along.
"It was my intention not to go," said he, "though Mr. Aspgrain andSutton both urged that I should. But now since you boys all feel thesame way, I believe I'll go. Heaven and earth are being mo
ved to havethe other cattle accepted, but there are a couple of old war-horses atthe head of this post that will fight them to the last ditch, and thensome. I'm satisfied that my beeves, in any market in the West, are worthten dollars a head more than the other ones, yet there is an effortbeing made to turn us down. Our claims rest on two points,--superiorityof the beef tendered, and the legal impossibility of a transfer fromthemselves, a corporation, to themselves as individuals. If there isno outside interference, I think we will make the delivery beforenoon to-morrow. Now, I'll get horses for both Mr. Sutton and SenatorAspgrain, and you see that none of the boys drink too much. Sanders andhis outfit are all right, and I want you lads to remind me to rememberhim before we leave this post. Now, we'll all go in a little party byourselves, and I don't want a word out of a man, unless we are asked foran opinion from the officers, as our cattle must argue our cause."
A second drink, a cigar all round, and we were ready to start. Aswe returned to our mounts, a bustle of activity pervaded the post.Orderlies were leading forth the best horses, officers were appearing inriding-boots and gauntlets, while two conveyances from a livery in townstood waiting to convey the contractors and their legal representatives.Our employer and his counsel were on hand, awaiting the start, when thequartermaster and his outfit led off. There was some delay among theofficers over the change of a horse, which had shown lameness, while theringsters were all seated and waiting in their vehicles. Since none ofus knew the trail to Alkali Lake, some one suggested that we follow upthe quartermaster and allow the military and conveyances to go by thewagon-road. But Lovell objected, and ordered me forward to notice thetrail and course, as the latter was a cut-off and much nearer than byroad. I rode leisurely past the two vehicles, carefully scanning everyface, when Mr. Field recognized and attempted to halt me, but I answeredhim with a contemptuous look and rode on. Instantly from the rigs camecries of "Stop that man!" "Halt that cowboy!" etc., when an orderlystepped in front of my horse and I reined in. But the shouting and mydetention were seen and heard, and the next instant, led by MikeSutton, our men dashed up, scaring the teams, overturning both of theconveyances, and spilling their occupants on the dusty ground. I admitthat we were a hard-looking lot of cow-hands, our employer's grievancewas our own, and just for an instant there was a blue, sulphuric tingein the atmosphere as we accented our protest. The congressman scrambledto his feet, sputtering a complaint to the post commander, and whenorder was finally restored, the latter coolly said:
"Well, Mr. Y-----, when did you assume command at Fort Buford? Anyorders that you want given, while on this military reservation, pleasesubmit them to the proper authorities, and if just, they will receiveattention. What right have you or any of your friends to stop a manwithout due process? I spent several hours with these men a few daysago and found them to my liking. I wish we could recruit the last one ofthem into our cavalry. But if you are afraid, I'll order out a troop ofhorse to protect you. Shall I?"
"I'm not at all afraid," replied Mr. Raddiff, "but feel under obligationto protect my counsel. If you please, Colonel."
"Captain O'Neill," said the commandant, turning to that officer, "orderout your troop and give these conveyances ample protection from nowuntil their return from this cattle inspection. Mr. Lovell, if you wishto be present, please ride on ahead with your men. The rest of us willproceed at once, and as soon as the escort arrives, these vehicles willbring 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 hadridden out of hearing. "Every time they bluff, call their hand, andthey'll soon get tired running blazers. I want to give notice right nowthat the first mark of disrespect shown me, by client or attorney, I'llslap him then and there, I don't care if he is as big as a giant. We areup 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 oppositeside, that's my long suit. The history of this case shows that theopposition has no regard for the rights of others, and it is up to us totry 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 anylobbyist that ever left Washington City."
Alkali Lake was some little distance from the post. All three of theherds were holding beyond it, a polite request having reached them tovacate the grazing-ground of the cavalry horses. Lovell still insistedthat we stand aloof and give the constituted authorities a free,untrammeled hand until the inspection was over. The quartermaster andhis assistants halted on approaching the first herd, and giving thema wide berth, we rode for the nearest good point of observation.The officers galloped up shortly afterward, reining in for a shortconversation, but entering the first herd before the arrival of theconveyances and their escort. When the latter party arrived, the nearestone of the three herds had been passed upon, but the contractors stoodon the carriage seats and attempted to look over the cordon of troopers,formed into a hollow square, which surrounded them. The troop weremounted on chestnut horses, making a pretty sight, and I think theyenjoyed 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 giventhe cattle a thorough going-over and reported finding two "Circle Dot"beeves among the opposition steers. The chances are that they had walkedoff a bed-ground some night while holding at Ogalalla and had beenabsorbed into another herd before morning. My brother announced hisintention of taking them back with us, when Sponsilier taunted him withthe fact that there might be objections offered.
"That'll be all right, Davy," replied Bob; "it'll take a bigger andbetter outfit than these pimps and tin-horns to keep me from claimingmy own. You just watch and notice if those two steers don't go back withForrest. Why, they had the nerve to question our right even to look themover. It must be a trifle dull with the GIRLS down there in Ogalallawhen all these 'babies' have to turn out at work or go hungry."
Little time was lost in inspecting the last herd. The cattle were thrownentirely too close together to afford much opportunity in looking themover, and after riding through them a few times, the officers rode awayfor a consultation. We had kept at a distance from the convoy, perfectlycontented so long as the opposition were prisoners of their ownchoosing. Captain O'Neill evidently understood the wishes of hissuperior officer, and never once were his charges allowed within hailingdistance of the party of inspection. As far as exerting any influencewas concerned, for that matter, all of us might have remained back atthe post and received the report on the commander's return. Yet therewas a tinge of uncertainty as to the result, and all concerned wantedto hear it at the earliest moment. The inspection party did not keep uslong in waiting, for after a brief conference they turned and rode forthe contractors under escort. We rode forward, the troop closed up inclose formation about the two vehicles, and the general tension rose tothat of rigidity. We halted quietly within easy hearing distance, andwithout noticing us the commandant addressed himself to the occupants ofthe conveyances, who were now standing on the seats.
"Gentlemen," said he, with military austerity, "the quality andcondition of your cattle places them beyond our consideration. Beefintended for delivery at this post must arrive here with sufficientflesh to withstand the rigors of our winter. When possible to securethem, we prefer Northern wintered cattle, but if they are not available,and we are compelled to receive Southern ones, they must be of the firstquality in conformation and flesh. It now becomes my duty to say to youthat your beeves are rough, have been over-driven, are tender-footed andotherwise 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 ofexultation escaped one of our party, but the nervous strain ratherintensified.
Mr. Y----, the congressman, made the first move. Quietly alighting fromthe vehicle, he held a whispered conversation with his associates, verycomposedly turned to the commandant,
and said:
"No doubt you are aware that there are higher authorities than the postcommander and quartermaster of Fort Buford. This higher court to which Irefer saw fit to award a contract for five million pounds of beef to bedelivered at this post on foot. Any stipulations inserted or omitted inthat article, the customary usages of the War Department would govern.If you will kindly look at the original contract, a copy of which is inyour possession, you will notice that nothing is said about the qualityof the cattle, just so the pounds avoirdupois are there. The governmentdoes not presume, when contracting for Texas cattle, that they willarrive here in perfect order; but so long as the sex, age, and weighthave been complied with, there can be no evasion of the contract. Myclients are sub-contractors, under an assignment of the original award,are acting in good faith in making this tender, and if your decisionis against them, we will make an appeal to the War Department. I am notpresuming to tell you your duty, but trust you will take this matterunder full advisement before making your decision final."
"Mr. Y--, I have received cattle before without any legal adviceor interference of higher authority. Although you have ignored hispresence, there is another man here with a tender of beef who isentitled to more than passing consideration. He holds a sub-contractunder the original award, and there is no doubt but he is also acting ingood faith. My first concern as a receiving agent of this government isthat the goods tendered must be of the first quality. Your cattle fallbelow our established standards here, while his will take rank as thefinest lot of beeves ever tendered at this post, and therefore he isentitled to the award. I am not going to stand on any technicalitiesas to who is legally entitled to make this delivery; there have beencharges and counter-charges which have reached me, the justice of whichI cannot pass on, but with the cattle it is quite different. I lack butfive years of being retired on my rank, the greater portion of whichservice has been spent on this frontier, and I feel justified in thedecision made. The government buys the best, insists on its receivingagents demanding the same, and what few remaining years I serve theflag, there will be no change in my policy."
There was a hurried conference. The "major-domo" was called into theconsultation, after which the congressman returned to the attack.
"Colonel, you are forcing us to make a protest to the War Department. Ascommander at Fort Buford, what right have you to consider the tenderof any Tom, Dick, or Harry who may have cattle to sell? Armed withan assignment of the original award, we have tendered you the poundsquantity required by the existing contract, have insisted on theacceptance of the same, and if refused, our protest will be in the WarOffice before that sun sets. Now, my advice is--"
"I don't give a damn for you nor your advice. My reputation as a soldieris all I possess, and no man can dictate to nor intimidate me. My pastrecord is an open book and one which I am proud of; and while I have thehonor to command at Fort Buford, no threats can terrify nor cause me todeviate from my duty. Captain O'Neill, attend orders and escort thesevehicles back to their quarters."
The escort loosened out, the conveyances started, and the inspection wasover. 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 heldthe "Circle Dot" steers, my brother and a number of the boys gallopedon ahead and cut out the animals before our arrival. On entering thewagon-road near the post, the military cavalcade halted a moment for usto come up. Lovell was in the lead, and as we halted the commandant saidto him: "We have decided to receive your cattle in the morning--aboutten o'clock if that hour will be convenient. I may not come over, butthe quartermaster's Mr. Sanders will count for us, and you cowmen oughtto agree on the numbers. We have delayed you a day, and if you will putin a bill for demurrage, I will approve it. I believe that is all. We'llexpect you to spend the night with us at the post. I thought it best toadvise you now, so that you might give your men any final orders."
