The Rules of the Game Part 87

Bob stumbled to his feet.

"Good night," said he.

Samuels neither moved nor stirred. He might have been a figure such as used to be placed before the entrances of wax works exhibitions, so still he sat, so fixed were his eyes, so pallid the texture of his weather-tanned flesh after the vigil.

Bob went out to the verandah. The chill air stirred his blood, set in motion the run-down machinery of his physical being. From the darkness a bird chirped loudly. Bob looked up. Over the still, pointed tops of the trees the sky had turned faintly gray. From the window streamed the candle light. It seemed unwontedly yellow in contrast to a daylight that, save by this contrast, was not yet visible. Bob stepped from the verandah. As he pa.s.sed the window, he looked in. Samuels had risen to his feet, and stood rigid, his clenched fist on the table.

At the stable Bob spoke quietly to his animals, saddled them, and led them out. For some instinctive reason which he could not have explained, he had decided to be immediately about his journey. The cold gray of dawn had come, and objects were visible dimly. Bob led his horses to the edge of the wood. There he mounted. When well within the trees he looked back. Samuels stood on the edge of the verandah, peering out into the uncertain light of the dawn. From the darkness of the trees Bob made out distinctly the white of his mane-like hair and the sweep of his patriarchal beard. Across the hollow of his left arm he carried his shotgun.

Bob touched spur to his saddle horse and vanished in the depths of the forest.

XV

Bob delivered his relinquishment at headquarters, and received the news.

George Pollock had been arrested for the murder of Plant, and now lay in jail. Erbe, the White Oaks lawyer, had undertaken charge of his case.

The evidence was as yet purely circ.u.mstantial. Erbe had naturally given out no intimation of what his defence would be.

Then, within a week, events began to stir in Durham County. Samuels wrote a rather violent letter announcing his change of mind in regard to the relinquishment. To this a formal answer of regret was sent, together with an intimation that the matter was now irrevocable. Somebody sent a copy of the local paper containing a vituperative interview with the old mountaineer. This was followed by other copies in which other citizens contributed letters of expostulation and indignation. The matter was commented on ponderously in a typical country editorial containing such phrases as "clothed in a little brief authority," "arrogant minions of the law," and so forth. Tom Carroll, riding through Durham on business, was treated to ugly looks and uglier words. Ross Fletcher, visiting the county seat, escaped a physical encounter with belligerent members of an inflamed populace only by the exercise of the utmost coolness and good nature. Samuels moved further by pet.i.tioning to the proper authorities for the setting aside of the relinquishment and the reopening of the whole case, on the ground that his signature had been obtained by "coercion and undue influence." On the heels of this a ma.s.s meeting in Durham was called and largely attended, at which a number of speakers uttered very inflammatory doctrines. It culminated in resolutions of protest against Thorne personally, against his rangers, and his policy, alleging that one and all acted "arbitrarily, arrogantly, unjustly and oppressively in the abuse of their rights and duties." Finally, as a crowning absurdity, the grand jury, at its annual session, overstepping in its zeal the limits of its powers, returned findings against "one Ashley Thorne and Robert Orde, in the pay of the United States Government, for arbitrary exceeding of their rights and authorities; for illegal interference with the rights of citizens; for oppression," and so on through a round dozen vague counts.

All this tumult astonished Thorne.

"I had no idea this Samuels case interested them quite so much up there; nor did I imagine it possible they would raise such a row over that old long-horn. I haven't been up in that country as much as I should have liked, but I did not suspect they were so hostile to the Service."

"They always have been," commented California John.

"All this loud mouthing doesn't mean much," said Thorne, "though of course we'll have to undergo an investigation. Their charges don't mean anything. Old Samuels must be a good deal of a demagogue."

"He's got a good lawyer," stated California John briefly.

"Lawyer? Who?"

"Erbe of White Oaks."

Thorne stared at him puzzled.

"Erbe? Are you sure of that? Why, the man is a big man; he's generally a cut or so above cases of this sort--with as little foundation for them.

He's more in the line of fat fees. Here's two mountain cases he's undertaken."

"I never knew Johnny Erbe to refuse any sort of case he'd get paid for,"

observed California John.

"Well, he's certainly raising a dust up north," said Thorne. "Every paper all at once is full of the most incendiary stuff. I hate to send a ranger up there these days."

"I reckon the boys can take care of themselves!" put in Ross Fletcher.

California John turned to look at him.

"Sure thing, Ross," he drawled, "and a first-cla.s.s row between a brutal ranger--who could take care of himself--and an inoffensive citizen would read fine in print."

"That's the idea," approved Thorne. "We can't afford a row right now. It would bring matters to a head."

"There's the Harris case, and the others," suggested Amy; "what are you going to do about them, now?"

"Carry them through according to my instructions, unless I get orders to the contrary," said Thorne. "It is the policy of the Service throughout to clear up and settle these doubtful land cases. We must get such things decided. We can't stop because of a little localized popular clamour."

"Are there many such cases up in the Durham country?" asked Bob.

"Probably a dozen or so."

"Isn't it likely that those men have got behind Samuels in order to discourage action on their own cases?"

"I think there's no doubt of it," answered Thorne, "but the point is, they've been fighting tooth and nail from the start. We had felt out their strength from the first, and it developed nothing like this."

"That's where Erbe comes in," suggested Bob.

"Probably."

"It don't amount to nothin'," said California John. "In the first place, it's only the 'nesters,' [A] the saloon crowd, who are after you for Austin's case; and the usual muck of old-timers and loafers who either think they own the country and ought to have a free hand in everything just as they're used to, or who are agin the Government on general principles. I don't believe the people at Durham are behind this. I bet a vote would give us a majority right now."

"Well, the majority stays in the house, then," observed Ross Fletcher drily. "I didn't observe none of them when I walked down the street."

"I believe with John," said Thorne. "This crowd makes an awful noise, but it doesn't mean much. The Office cannot fail to uphold us. There's n.o.body of any influence or importance behind all this."

Nevertheless, so skilfully was the campaign conducted, pressure soon made itself felt from above. The usual memorials and largely-signed protests were drawn up and presented to the senators from California, and the representatives of that and neighbouring districts. Men in the employ of the saloon element rode actively in all directions obtaining signatures. A signature to anything that does not carry financial obligation is the easiest thing in the world to get. Hundreds who had no grievance, and who listened with the facile indignation of the ignorant to the representations of these emissaries, subscribed their names as voters and const.i.tuents to a cause whose merits or demerits were quite uncomprehended by them. The members of Congress receiving these memorials immediately set themselves in motion. As Thorne could not officially reply to what had not as yet been officially urged, his hands were tied. A clamour that had at first been merely noisy and meaningless, began now to gain an effect.

Thorne confessed himself puzzled.

"If it isn't a case of a s...o...b..ll growing bigger the farther it rolls, I can't account for it," said he. "This thing ought to have died down long ago. It's been fomented very skilfully. Such a campaign as this one against us takes both ability and money--more of either than I thought Samuels could possibly possess."

In the meantime, Erbe managed rapidly to tie up the legal aspects of the situation. The case, as it developed, proved to be open-and-shut against his client, but apparently unaffected by the certainty of this, he persisted in the interposition of all sorts of delays. Samuels continued to live undisturbed on his claim, which, as Thorne pointed out, had a bad moral effect on the community.

The issue soon took on a national aspect. It began to be commented on by outside newspapers. Publications close to the administration and thoroughly in sympathy with its forest policies, began gravely to doubt the advisability of pushing these debatable claims at present.

"They are of small value," said one, "in comparison with the large public domain of which they are part. At a time when the Forest Service is new in the saddle and as yet subjected to the most violent attacks by the special interests on the floors of Congress, it seems unwise to do anything that might tend to arouse public opinion against it."

As though to give point to this, there now commenced in Congress that virulent a.s.sault led by some of the Western senators, aimed at the very life of the Service itself. Allegations of dishonesty, incompetence, despotism; of depriving the public of its heritage; of the curtailments of rights and liberties; of folly; of fraud were freely brought forward and urged with impa.s.sioned eloquence. Arguments special to cattlemen, to sheepmen, to lumbermen, to cordwood men, to pulp men, to power men were emphasized by all sorts of misstatements, twisted statements, or special appeals to greed, personal interest and individual policy. To support their eloquence, senators supposedly respectable did not hesitate boldly to utter sweeping falsehoods of fact. The Service was fighting for its very life.

Nevertheless, persistently, the officials proceeded with their investigations. Bob had conducted his campaign so skilfully against Samuels that Thorne used him further in similar matters. Little by little, indeed, the young man was withdrawn from other work. He now spent many hours with Amy in the little office going over maps and files, over copies of doc.u.ments and old records. When he had thoroughly mastered the ins and outs of a case, he departed with his pack animal and saddle horse to look the ground over in person.

Since the _eclat_ of the Samuels case, he had little hope of obtaining relinquishments, nor did he greatly care to do so. A relinquishment saved trouble in the courts, but as far as avoiding adverse public notice went, the Samuels affair showed the absolute ineffectiveness of that method. But by going on the ground he was enabled to see, with his own eyes, just what sort of a claim was in question, the improvements that had been made on it, the value both to the claimant and the Government. Through an interview he was able to gauge the claimant, to weigh his probable motives and the purity of both his original and present intentions. A number of cases thus he dropped, and that on no other than his own responsibility. They were invariably those whose issue in the courts might very well be in doubt, so that it was impossible to tell, without trying them, how the decision would jump.

Furthermore, and princ.i.p.ally, he was always satisfied that the claimant had meant well and honestly throughout, and had lapsed through ignorance, bad advice, or merely that carelessness of the letter of the legal form so common among mountaineers. Such cases were far more numerous than he had supposed. The men had, in many instances, come into the country early in its development. They had built their cabins by the nearest meadow that appealed to them; for, to all intents and purposes, the country was a virgin wilderness whose camping sites were many and open to the first comer. Only after their households had been long established as squatters did these pioneers awake to an imperfect understanding that further formality was required before these, their homes, could be legally their own. Living isolated these men, even then, blundered in their applications or in the proving up of their claims.

Such might be legally subject to eviction, but Bob in his recommendations gave them the benefit of the doubt and advised that full papers be issued. In the hurried days of the Service such recommendations of field inspectors were often considered as final.

There were other cases, however, for which Bob's sympathies were strongly enlisted, but which presented such flagrant irregularities of procedure that he could not consistently recommend anything but a court test of the rights involved. To this he added a personal note, going completely into details, and suggesting a way out.