The Outlet Page 26

  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," sa
id 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."

  CHAPTER XXIV. THE WINTER OF OUR DISCONTENT

  The inquiry was over before noon. A lieutenant detailed a few men and made a pretense of taking possession of Lovell. But once the special commissioner was out of sight, the farce was turned into an ovation, and nearly every officer in the post came forward and extended his sympathy. Old man Don was visibly affected by the generous manifestations of the military men in general, and after thanking each one personally, urged that no unnecessary demonstration should be made, begging that the order of escort beyond the boundary of the reservation be countermanded. No one present cared to suggest it, but gave assurance that it would be so modified as not in any way to interfere with the natural movement of the herds. Some little time would be required to outfit the forage-wagons to accommodate the cavalry companies, during which my brother rode up, leading Lovell's horse, permission was given to leave in advance of the escort, and we all mounted and quietly rode away.

  The sudden turn of affairs had disconcerted every man in the three outfits. Just what the next move would be was conjecture with most of us, though every lad present was anxious to know. But when we were beyond the immediate grounds, Lovell turned in his saddle and asked which one of us foremen wanted to winter in the North. No one volunteered, and old man Don continued: "Anticipating the worst, I had a long talk this morning with Sanders, and he assured me that our cattle would go through any winter without serious loss. He suggested the Little Missouri as a good range, and told me of a hay ranch below the mouth of the Beaver. If it can be bought reasonably, we would have forage for our horses, and the railroad is said to be not over forty miles to the south. If the government can afford to take the risk of wintering cattle in this climate, since there is no other choice, I reckon I'll have to follow suit. Bob and I will take fresh horses and ride through to the Beaver this afternoon, and you fellows follow up leisurely with the cattle. Sanders says the winters are dry and cold, with very little if any snowfall. Well, we're simply up against it; there's no hope of selling this late in the season, and nothing is left us but to face the music of a Northern winter."

  As we turned in to ford the Missouri, some one called attention to a cavalry company riding out from their quarters at the post. We halted a moment, and as the first one entered the road, the second one swung into view, followed by forage-wagons. From maps in our possession we knew the southern boundary of the Fort Buford military reservation must be under twenty miles to the south, and if necessary, we could put it behind us that afternoon. But after crossing the river, and when the two troops again came in view, they had dropped into a walk, passing entirely out of sight long before we reached Forrest's camp. Orders were left with the latter to take the lead and make a short drive that evening, at least far enough to convince observers that we were moving. The different outfits dropped out as their wagons were reached, and when my remuda was sighted, old man Don ordered it brought in for a change of horses. One of the dayherders was at camp getting dinner, and inviting themselves to join him, my employer and my brother helped themselves while their saddles were shifted to two of my well-rested mounts. Inquiry had been made of all three of the outfits if any ranch had been sighted on the Beaver while crossing that creek, but the only recollection among the forty-odd men was that of Burl Van Vedder, who contended that a dim trail, over which horses had passed that summer, ran down on the south side of the stream.

  With this meagre information Lovell and my brother started. A late dinner over and the herders relieved, we all rode for the nearest eminence which would afford us a view. The cavalry were just going into camp below O'Brien's ranch, their forage-train in sight, while Forrest's cattle were well bunched and heading south. Sponsilier was evidently going to start, as his team was tied up and the saddle stock in hand, while the herd was crossing over to the eastern side of the Yellowstone. We dismounted and lay around for an hour or so, when the greater portion of the boys left to help in the watering of our herd, the remainder of us doing outpost duty. Forrest had passed out of sight, Sponsilier's wagon and remuda crossed opposite us, going up the valley, followed by his cattle in loose grazing order, and still we loitered on the hill. But towards evening I rode down to where the cavalry was encamped, and before I had conversed very long with the officers, it was clear to me that the shorter our moves the longer it would extend their outing. Before I left the soldier camp, Sanders arrived, and as we started away together, I sent him back to tell the officers to let me know any time they could use half a beef. On reaching our wagon, the boys were just corralling the saddle stock for their night-horses, when Sanders begged me to sell him two which had caught his fancy. I dared not offer them; but remembering the fellow's faithful service in our behalf, and that my employer expected to remember him, I ordered him to pick, with Don Lovell's compliments, any horse in the remuda as a present.

  The proposition stunned Sanders, but I insisted that if old man Don was there, he would make him take something. He picked a good horse out of my mount and stayed until morning, when he was compelled to return, as the probabilities were that they would receive the other cattle some time during the day. After breakfast, and as he was starting to return, he said, "Well, boys, tell the old man that I don't expect ever to be able to return his kindness, though I'd ride a thousand miles for the chance. One thing sure, there isn't a man in Dakota who has money enough to tempt me to part with my pelon. If you locate down on the Little Missouri, drop me a line where you are at, and if Lovell wants four good men, I can let him have them about the first of December. You through lads are liable to be scared over the coming winter, and a few acclimated ones will put backbone in his outfit. And tell the old man that if I can ever do him a good turn just to snap his fingers and I'll quit the government—he's a few shades whiter than it, anyhow."

  The herd had already left the bed-ground, headed south. About five miles above O'Brien's, we recrossed to the eastern side of the Yellowstone, and for the next three days moved short distances, the military always camped well
in our rear. The fourth morning I killed a beef, a forage-wagon came forward and took half of it back to the cavalry camp with our greetings and farewell, and we parted company. Don Lovell met us about noon, elated as a boy over his purchase of the hay ranch. My brother had gone on to the railroad and thence by train to Miles City to meet his remuda and outfit. "Boys, I have bought you a new home," was the greeting of old man Don, as he dismounted at our noon camp. "There's a comfortable dugout, stabling for about ten horses, and seventy-five tons of good hay in the stack. The owner was homesick to get back to God's country, and he'll give us possession in ten days. Bob will be in Little Missouri to-day and order us a car of sacked corn from Omaha, and within a month we'll be as snug as they are down in old Medina. Bob's outfit will go home from Miles, and if he can't sell his remuda he'll bring it up here. Two of these outfits can start back in a few days, and afterward the camp will be reduced to ten men."

  Two days later Forrest veered off and turned his cattle loose below the junction of the Beaver with the Little Missouri. Sponsilier crossed the former, scattering his beeves both up and down the latter, while I cut mine into a dozen bunches and likewise freed them along the creek. The range was about ten miles in length along the river, and a camp was established at either end where men would be stationed until the beeves were located. The commissaries had run low, there was a quiet rivalry as to which outfits should go home, and we all waited with bated breath for the final word. I had Dorg Seay secretly inform my employer that I had given Sanders a horse without his permission, hoping that it might displease him. But the others pointed out the fact that my outfit had far the best remuda, and that it would require well-mounted men to locate and hold that number of cattle through the winter. Old man Don listened to them all, and the next morning, as all three of us foremen were outlining certain improvements about the hay ranch with him, he turned to me and said: