Chapter XXIII. Kangarooed

by Andy Adams

　　Lovell and his attorneys joined the cavalcade which returned tothe post, while we continued on south, fording the Missouri aboveForrest's camp. The two recovered beeves were recognized by theirranch brands as belonging in Bee County, thus identifying them ashaving escaped from Bob Quirk's herd, though he had previouslydenied all knowledge of them. The cattle world was a small one,and it mattered little where an animal roamed, there was always aman near by who could identify the brand and give the bovine'spast history. With the prospects bright for a new owner on themorrow, these two wayfarers found lodgment among our own for thenight.But when another day dawned, it brought new complications.Instead of the early arrival of any receiving party, theappointed hour passed, noon came, and no one appeared. I hadridden down to the lower camps about the latter hour, yet therewas no one who could explain, neither had any word from the postreached Forrest's wagon. Sponsilier suggested that we ride intoBuford, and accordingly all three of us foremen started. When wesighted the ford on the Missouri, a trio of horsemen were justemerging from the water, and we soon were in possession of thefacts. Sanders, my brother, and Mike Sutton composed the party,and the latter explained the situation. Orders from the WarDepartment had reached Fort Buford that morning, temporarilysuspending the post commander and his quartermaster fromreceiving any cattle intended for that post, and giving noticethat a special commissioner was then en route from Minneapoliswith full authority in the premises. The order was signed by thefirst quartermaster and approved by the head of that department;there was no going behind it, which further showed the strengththat the opposition were able to command. The little attorney waswearing his war-paint, and we all dismounted, when Sandersvolunteered some valuable points on the wintering of Texas cattlein the North. Sutton made a memorandum of the data, saying ifopportunity offered he would like to submit it in evidence at thefinal hearing. The general opinion was that a court of inquirywould be instituted, and if such was the case, our cause was notby any means hopeless."The chances are that the opposition will centre the fight on anassignment of the original contract which they claim to hold,"said the lawyer, in conclusion. "The point was advanced yesterdaythat we were intruders, while, on the other hand, the governmentwas in honor bound to recognize its outstanding obligation, nomatter in whose hands it was presented, so long as it wasaccompanied by the proper tender. A great deal will depend on theviewpoint of this special commissioner; he may be a stickler forred tape, with no concern for the service, as were the postcommander and quartermaster. Their possession of the originaldocument will be self-evident, and it will devolve on us to showthat that assignment was illegal. This may not be as easy as itseems, for the chances are that there may be a dozen men in thegang, with numerous stool-pigeons ready and willing to do theirbidding. This contract may demonstrate the possibility of a ringwithin a ring, with everything working to the same end. Theabsence of Honest John Griscom at this delivery is significant asproving that his presence at Dodge and Ogalalla was a mistake.You notice, with the exception of Field and Radcliff, they areall new men. Well, another day will tell the story."The special commissioner could not arrive before the nextmorning. An ambulance, with relay teams, had left the post atdaybreak for Glendive, and would return that night. Since thefollowing promised to be a decisive day, we were requested tobring every available man and report at Fort Buford at an earlyhour. The trio returned to the post and we foremen to our herds.My outfit received the news in anything but a cheerful mood. Themonotony of the long drive had made the men restless, and thedelay of a single day in being finally relieved, when lookedforward to, was doubly exasperating. It had been over six monthssince we left the ranch in Medina, and there was a lurkingsuspicion among a number of the boys that the final decisionwould be against our cattle and that they would be thrown back onour hands. There was a general anxiety among us to go home,hastened by the recent frosty nights and a common fear of aNorthern climate. I tried to stem this feeling, promising aholiday on the morrow and assuring every one that we still had afighting chance.We reached the post at a timely hour the next morning. Only threemen were left with each herd, my wrangler and cook accompanyingus for the day. Parent held forth with quite a dissertation onthe legal aspects of the case, and after we forded the river, anargument arose between him and Jake Blair. "Don't talk to meabout what's legal and what isn't," said the latter; "the manwith the pull generally gets all that he goes after. You rememberthe Indian and the white man were at a loss to know how to dividethe turkey and the buzzard, but in the end poor man got thebuzzard. And if you'll just pay a little more attention tohumanity, you may notice that the legal aspects don't cut so muchfigure as you thought they did. The moment that cattle declinedfive to seven dollars a head, The Western Supply Company didn'ttrouble themselves as to the legality or the right or wrong, butproceeded to take advantage of the situation at once. Neal, whenyou've lived about twenty-five years on the cold charity ofstrangers, you'll get over that blind confidence and become waryand cunning. It might be a good idea to keep your eye open to-dayfor your first lesson. Anyhow don't rely too strong on the rightor justice of anything, but keep a good horse on picket and yourpowder dry."The commissioner had arrived early that morning and would take upmatters at once. Nine o'clock was set for the hearing, whichwould take place in the quartermaster's office. Consultationswere being held among the two factions, and the only ray of lightwas the reported frigidity of the special officer. He was such asuperior personage that ordinary mortals felt a chill radiatingfrom his person on their slightest approach. His credentials werefrom the War Department and were such as to leave no doubt butthat he was the autocrat of the situation, before whom all shouldrender homage. A rigid military air prevailed about the post andgrounds, quite out of the ordinary, while the officers' bar wasempty and silent.The quartermaster's office would comfortably accommodate aboutone hundred persons. Fort Buford had been rebuilt in 1871, theadobe buildings giving place to frame structures, and the room inwhich the hearing was to be held was not only commodious butfurnished with good taste. Promptly on the stroke of the hour,and escorted by the post adjutant, the grand mogul made hisappearance. There was nothing striking about him, except hismilitary bearing; he was rather young and walked so erect that heactually leaned backward a trifle. There was no prelude; heordered certain tables rearranged, seated himself at one, andcalled for a copy of the original contract. The post adjutant hadall the papers covering the situation in hand, and the copy wasplaced at the disposal of the special commissioner, who merelyglanced at the names of the contracting parties, amount and date,and handed the document back. Turning to the table at whichLovell and his attorneys sat, he asked for the credentials underwhich they were tendering beeves at Fort Buford. The sub-contractwas produced, some slight memorandum was made, and it was passedback as readily as was the original. The opposition were calmlyawaiting a similar request, and when it came, in offering thepapers, Congressman Y-- took occasion to remark: "Our tender isnot only on a sub-contract, but that agreement is fortified by anassignment of the original award, by and between the WarDepartment and The Western Supply Company. We rely on the latter;you will find everything regular."The customary glance was given the bulky documents. SenatorAspgrain was awaiting the opportune moment to attack theassignment. When it came, the senator arose with dignity and,addressing the commissioner, attempted to enter a protest, butwas instantly stopped by that high functionary. A frozen silencepervaded the room. "There is no occasion for any remarks in thismatter," austerely replied the government specialist. "Ourdepartment regularly awarded the beef contract for this post toThe Western Supply Company. There was ample competition on theaward, insuring the government against exorbitant prices, and therequired bonds were furnished for the fulfillment of thecontract. Right then and there all interest upon the part of thegrantor ceased until the tender was made at this post on theappointed day of delivery. In the interim, however, it seems thatfor reasons purely their own, the grantees saw fit to sub-lettheir contract, not once but twice. Our department amplyprotected themselves by requiring bonds, and the sub-contractorsshould have done the same. That, however, is not the matter atissue, but who is entitled to deliver on the original award.Fortunately that point is beyond question; an assignment of theoriginal has always been recognized at the War Office, and inthis case the holders of the same are declared entitled todeliver. There is only one provision,--does the article of beeftendered qualify under the specifications? That is the onlyquestion before making this decision final. If there is anyevidence to the contrary, I am ready to hear it."This afforded the opportunity of using Sanders as a witness, andSutton grasped the opportunity of calling him to testify inregard to wintering Southern cattle in the North. After statinghis qualifications as a citizen and present occupation, he wasasked by the commissioner regarding his experience with cattle toentitle his testimony to consideration. "I was born to theoccupation in Texas," replied the witness. "Five years ago thissummer I came with beef cattle from Uvalde County, that State, tothis post, and after the delivery, accepted a situation under thequartermaster here in locating and holding the government'sbeeves. At present I am foreman and have charge of all cattledelivered at or issued from this post. I have had five years'experience in wintering Texas cattle in this vicinity, and haveno hesitancy in saying that it is a matter of the utmostimportance that steers should be in the best possible flesh towithstand our winters. The losses during the most favorableseasons have averaged from one to five per cent., while the samecattle in a severe season will lose from ten to twenty-five, alldepending on the condition of the stock with the beginning ofcold weather. Since my connection with this post we have alwaysreceived good steers, and our losses have been light, but aboveand below this military reservation the per cent. loss has run ashigh 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 inthis locality in buying and holding beef on its own account. Youmay now state if you have seen the tender of beef made by Field,Radcliff & Co., and if so, anticipating the worst, what would bethe probable loss if their cattle were accepted on this year'sdelivery?""I was present at their inspection by the officers of this post,"replied the witness, "and have no hesitancy in saying that shouldthe coming one prove as hard a winter as '82 was, there would bea loss of fully one half these cattle. At least that was myopinion as expressed to the post commander and quartermaster atthe inspection, and they agreed with me. There are half a dozenother boys here whose views on wintering cattle can be had--andthey're worth listening to."This testimony was the brutal truth, and though eternal, wassadly out of place. The opposition lawyers winced; and whenSutton asked if permission would be given to hear the testimonyof the post commander and quartermaster, both familiar with thequality of cattle the government had been receiving for years,the commissioner, having admitted damaging testimony, objected onthe ground that they were under suspension, and military men werenot considered specialists outside their own vocation. Othercompetent witnesses were offered and objected to, simply becausethey would not admit they were experts. Taking advantage of theopening, Congressman Y--- called attention to a few facts inpassing. This unfortunate situation, he said, in substance, wasdeeply regretted by his clients and himself. The War Departmentwas to be warmly commended for sending a special commissioner tohear the matter at issue, otherwise unjust charges might havebeen preferred against old and honored officers in the service.However, if specialists were to be called to testify, and theirtestimony considered, as to what per cent. of cattle wouldsurvive a winter, why not call on the weather prophets to testifyjust what the coming one would be? He ridiculed the attestationsof Sanders as irrelevant, defiantly asserting that the onlyquestion at issue was, were there five million pounds of dressedbeef in the tender of cattle by Field, Radcliff & Co. He insistedon the letter in the bond being observed. The government boughtcattle one year with another, and assumed risks as did otherpeople. Was there any man present to challenge his assertion thatthe pounds quantity had been tendered?There was. Don Lovell arose, and addressing the specialcommissioner, said: "Sir, I am not giving my opinion as an expertbut as a practical cowman. If the testimony of one who hasdelivered over ninety thousand cattle to this government, in itsarmy and Indian departments, is of any service to you, I trustyou will hear me patiently. No exception is taken to your rulingas to who is entitled to deliver on the existing award; that wasexpected from the first. I have been contracting beef to thisgovernment for the past fifteen years, and there may be tricks inthe trade of which I am ignorant. The army has always demandedthe best, while lower grades have always been acceptable to theIndian Department. But in all my experience, I have nevertendered this government for its gut-eating wards as poor a lotof cattle as I am satisfied that you are going to receive at thehands of Field, Radcliff & Co. I accept the challenge that thereare not five million pounds of dressed beef in their tenderto-day, and what there is would be a disgrace to any commonwealthto feed its convicts. True, these cattle are not intended forimmediate use, and I make the counter-assertion that thisgovernment will never kill out fifty per cent. of the weight thatyou accept to-day. Possibly you prefer the blandishments of alobbyist to the opinion of a practical cowman like Sanders.That's your privilege. You refuse to allow us to show therelationship between The Western Supply Company and the presentholders of its assignment, and in doing so I charge you withbeing in collusion with these contractors to defraud thegovernment!""You're a liar!" shouted Congressman Y----, jumping to his feet.The only reply was a chair hurled from the hand of Sutton at thehead of the offender, instantly followed by a rough house.Several officers present sprang to the side of the specialcommissioner, but fortunately refrained from drawing revolvers. Iwas standing at some distance from the table, and as I made alunge forward, old man Don was hurled backward into my arms. Hecould not whip a sick chicken, yet his uncontrollable anger hadcarried him into the general melee and he had been roughly thrownout 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 werepresent, and while the officers were frantically commanding themto restore order, the scrap went merrily on. Old man Donstruggled with might and main, cursing me for refusing to freehim, and when one of the contractors was knocked down within easyreach, I was half tempted to turn him loose. The "major-domo" hadsingled out Sponsilier and was trying issues with him, Bob Quirkwas dropping them right and left, when the deposed commandantsprang 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 stoodglaring daggers at each other, when the commissioner tookoccasion to administer a reproof to all parties concerned,referring to Texas in not very complimentary terms. DaveSponsilier was the only one who had the temerity to offer anyreply, saying, "Mr. Yank, I'll give you one hundred dollars ifyou'll point me out the grave of a man, woman, or child whostarved to death in that state."A short recess was taken, after which apologies followed, and thecommissioner resumed the hearing. A Western lawyer, namedLemeraux, made a very plausible plea for the immediate acceptanceof the tender of Field, Radcliff & Co. He admitted that thecattle, at present, were not in as good flesh as his clientsexpected to offer them; that they had left the Platte River infine condition, but had been twice quarantined en route. He wascautious in his remarks, but clearly intimated that had therebeen no other cattle in competition for delivery on this award,there might have been no quarantine. In his insinuations, thefact was adroitly brought out that the isolation of their herds,if not directly chargeable to Lovell and his men, had been aidedand abetted by them, retarding the progress of his clients'beeves and forcing them to travel as fast as twenty-five miles aday, so that they arrived in a jaded condition. Had there been nointerference, the tender of Field, Radcliff & Co. would havereached this post ten days earlier, and rest would soon haverestored the cattle to their normal condition. In concluding, heboldly made the assertion that the condition of his client'stender of beef was the result of a conspiracy to injure one firm,that another drover might profit thereby; that right and justicecould be conserved only by immediately making the decision final,and thus fearlessly silencing any and all imputations reflectingon the character of this government's trusted representatives.The special commissioner assumed an air of affected dignity andannounced that a conclusion had been arrived at. Turning to oldman Don, he expressed the deepest regret that a civilian wasbeyond his power to punish, otherwise he would have cause toremember the affront offered himself; not that he personallycared, but the department of government which he had the honor toserve was jealous of its good name. Under the circumstances hecould only warn him to be more guarded hereafter in choosing hislanguage, and assured Lovell that it was in his power to escortany offender off that military reservation. Pausing a moment, heresumed a judicial air, and summed up the situation:"There was no occasion," said he, in an amiable mood, "to referthis incident to the War Department if the authorities here hadgone about their work properly. Fortunately I was in Minneapolisadjusting some flour accounts, when I was ordered here by thequartermaster-general. Instead of attempting to decide who hadthe best tender of cattle, the one with the legal right aloneshould have been considered. Our department is perfectly familiarwith these petty jealousies, which usually accompany awards ofthis class, and generally emanate from disappointed anddisgruntled competitors. The point is well taken by counsel thatthe government does not anticipate the unforeseen, and it mattersnot what the loss may be from the rigors of winter, thecontractor is exempt after the day of delivery. If the cattlewere delayed en route, as has been asserted, and it was necessaryto make forced drives in order to reach here within the specifiedtime, all this should be taken into consideration in arriving ata final conclusion. On his reinstatement, I shall give thequartermaster of this post instructions, in receiving thesecattle, to be governed, not so much by their present condition asby what they would have been had there been no interference. Nowin behalf of the War Department, I declare the award to TheWestern Supply Company, and assigned to Field, Radcliff, andassociates, to have been fulfilled to the satisfaction of allparties concerned. This closes the incident, and if there isnothing further, the inquiry will stand adjourned without date.""One moment, if you please," said Don Lovell, addressing thecommissioner and contractors; "there is a private matter existingbetween Field, Radcliff & Co. and myself which demands anunderstanding between us. I hold a sum of money, belonging tothem, as indemnity against loss in driving ten thousand cattlefrom Southern Texas to this post. That I will sustain a heavyloss, under your decision, is beyond question. I am indemnifiedto the amount of about six dollars and a half a head, and sincethe government is exempt from garnishment and the contractors arewholly irresponsible, I must content myself with the money inhand. To recover this amount, held as indemnity, suit has beenthreatened against me. Of course I can't force their hands, but Isincerely hope they will feel exultant enough over your kangaroodecision to file their action before taking their usual outing inEurope. They will have no trouble in securing my legal address,my rating can be obtained from any commercial agency, and nodoubt their attorneys are aware of the statute of limitation inmy state. I believe that's all, except to extend my thanks toevery one about Fort Buford for the many kind attentions shown mycounsel, my boys, and myself. To my enemies, I can only say thatI hope to meet them on Texas soil, and will promise them a fairerhearing than was accorded me here to-day. Mr. Commissioner, Ihave always prided myself on being a good citizen, have bornearms in defense of my country, and in taking exception to yourdecision I brand you as the most despicable member of The WesternSupply Company. Any man who will prostitute a trust for a moneyconsideration--""That's enough!" shouted the special commissioner, rising."Orderly, call the officer of the day, and tell him I want twocompanies of cavalry to furnish an escort for this man and hisherds beyond the boundaries of this military reservation."Looking Lovell in the face, he said: "You have justly merited asevere punishment, and I shall report your reflections to the Warand Indian departments, and you may find it more difficult tosecure contracts in the future. One of you officers detail menand take charge of this man until the escort is ready. Theinquiry is adjourned."