When Bob began to think more clearly, he at first laid this difference to a personal liking, and was inclined to blame himself for letting his affections cloud his sense of justice. Baker was companionable, jolly, but at the same time was shrewd, cold, calculating and unscrupulous in business. He could be as hard as nails. Welton, on the other hand, while possessing all of Baker's admirable and robust qualities, had with them an endearing and honest bigness of purpose, limited only—though decidedly—by his point of view and the bounds of his practical education. Baker would steal land without compunction; Welton would take land illegally without thought of the illegality, only because everybody else did it the same way.
But should the mere fact of personality make any difference in the enforcing of laws? That one man was amiable and the other not so amiable had nothing to do with eternal justice. If Bob were to fulfil his duty only against those he disliked, and in favour of his friends, he had indeed slipped back to the old days of henchman politics from which the nation was slowly struggling. He reared his head at this thought. Surely he was man enough to sink private affairs in the face of a stern public duty!
This determined, Bob thought the question settled. After a few minutes, it returned as full of interrogation points as ever. Leaving Baker and Welton entirely out of the question, the two cases still drew apart. One was just, the other unjust. Why? On the answer depended the peace of Bob's conscience. Of course he would resign rather than be forced to prosecute Welton. That was understood, and Bob resolutely postponed contemplation of the necessity. He loved this life, this cause. It opened out into wider and more beautiful vistas the further he penetrated into it. He conceived it the only life for which he was particularly fitted by temperament and inclination. To give it up would be to cut himself off from all that he cared for most in active life; and would be to cast him into the drudgery of new and uncongenial lines. That sacrifice must be made. It's contemplation and complete realization could wait. But a deeper necessity held Bob, the necessity of resolving the question of equities which the accident of his personal knowledge of Welton and Baker had evoked. He had to prove his instincts right or wrong.
He was not quite ready to submit the matter officially, but he wished very much to talk it over with some one. Glancing up he caught sight of the glitter of silver and the satin sheen of a horse. Star was coming down through the trees, resplendent in his silver and carved leather trappings, glossy as a bird, stepping proudly and daintily under the curbing of his heavy Spanish bit. In the saddle lounged the tall, homely figure of old California John, clad in faded blue overalls, the brim of his disreputable, ancient hat flopped down over his lean brown face, and his kindly blue eyes. Bob signalled him.
"John!" he called, "come here! I want to talk with you!"
The stately, beautiful horse turned without any apparent guiding motion from his master, stepped the intervening space and stopped. California John swung from the saddle. Star, his head high, his nostril wide, his eye fixed vaguely on some distant vision, stood like an image.
"I want a good talk with you," repeated Bob.
They sat on the same log whereon Oldham and Bob had conferred.
"John," said Bob, "Oldham has been here, and I don't know what to do."
California John listened without a single word of comment while Bob detailed all the ins and outs of the situation. When he had finished, the old man slowly drew forth his pipe, filled it, and lit it.
"Son," said he, "I'm an old man, and I've lived in this state since the early gold days. That means I've seen a lot of things. In all that time the two most valuable idees I've dug up are these: in the first place, it don't never do to go off half-cock; and in the second place, if you want to know about a thing, go to headquarters for it."
He removed his pipe and blew a cloud.
"Half of that's for me and the other half's for you," he resumed. "I ain't going to give you my notions until I've thought them over a little; that's for me. As for you, if I was you, I'd just amble over and talk the whole matter over with Mr. Welton and see what he thinks about his end of it."
* * *
XX
This advice seemed so good that Bob acted upon it at his earliest opportunity. He found Welton riding his old brindle mule in from the bull donkey where he had been inspecting the work. The lumberman's red, jolly face lit up with a smile of real affection as he recognized Bob, an expression quickly changed, however, as he caught sight of the young man's countenance.
"What's up, Bobby?" he inquired with concern; "anything happened?"
"Nothing yet; but I want to talk with you."
Welton immediately dismounted, with the laborious clumsiness of the man brought up to other means of locomotion, tied Jane to a tree, and threw himself down at the foot of a tall pine.
"Let's have it," said he.
"There have come into my hands some documents," said Bob, "that embarrass me a great deal. Here they are."
He handed them to Welton. The lumberman ran them through in silence.
"Well," he commented cheerfully, "they seem to be all right. What's the matter?"
"The matter is with the title to the land," said Bob.
Welton looked the list of records over more carefully.
"I'm no lawyer," he confessed at last; "but it don't need a lawyer to see that this is all regular enough."
"Have you read the findings of the commission?"
"That stuff? Sure! That don't amount to anything. It's merely an expression of opinion; and mighty poor opinion at that."
"Don't you see what I'm up against?" insisted Bob. "It will be in my line of duty to open suit against the Wolverine Company for recovery of those lands."
"Suit!" echoed Welton. "You talk foolish, Bob. This company has owned these lands for nearly thirty years, and paid taxes on them. The records are all straight, and the titles clear."
"It begins to look as if the lands were taken up contrary to law," insisted Bob; "and, if so, I'll be called upon to prosecute." "Contrary to your grandmother," said Welton contemptuously. "Some of your young squirts of lawyers have been reading their little books. If these lands were taken up contrary to law, why so were every other timber lands in the state."
"That may be true, also," said Bob. "I don't know."
"Well, will you tell me what's wrong with them?" asked Welton.
"It appears as though the lands were 'colonized,'" said Bob; "or, at least, such of them as were not bought from the bank."
"I guess you boys have a new brand of slang," confessed Welton.
"Why, I mean the tract was taken direct from many small holders in hundred-and-sixty-acre lots," explained Bob.
Welton stared at him.
"Well, will you tell me how in blazes you were going to get together a piece of timber big enough to handle in any other way?" he demanded at last. "All one firm could take up by itself was a quarter section, and you're not crazy enough to think any concern could afford to build a plant for the sake of cutting that amount! That's preposterous! A man certainly has a right under the law to sell what is his to whom-ever he pleases."
"But the 'colonists,'" said Bob, "took up this land merely for the purpose of turning it over to the company. The intention of the law is that the timber is for the benefit of the original claimant."
"Well, it's for his benefit, if he gets paid for it, ain't it?" demanded Welton ingenuously. "You can't expect him to cut it himself."
"That is the intent of the law," insisted Bob, "and that's what I'll be called upon to do. What shall I do about it?"
"Quit the game!" said Welton, promptly and eagerly. "You can see yourself how foolish it is. That crew of young squirts just out of school would upset the whole property values of the state. Besides, as I've just shown you, it's foolish. Come on back in a sensible business. We'd get on fine!"
Bob shook his head.
"Then go ahead; bring your case," said Welton. "I don't mind."
"I do," said Bob. "It looks like a
strong case to me."
"Don't bring it. You don't need to report in your evidence as you call it. Just forget it."
"Even if I were inclined to do so," said Bob, "I wouldn't be allowed. Baker would force the matter to publicity."
"Baker," repeated Welton; "what has he got to do with it?"
"It's in regard to the lands in the Basin. He took them up under the mineral act, and plainly against all law and decency. It's the plainest case of fraud I know about, and is a direct steal right from under our noses."
"I think myself he's skinning things a trifle fine," admitted Welton; "but I can't see but what he's complied with the law all right. He don't have any right to that timber, I'll agree with you there; but it looks to me like the law had a hole in it."
"If he took that land up for other purposes than an honest intention to mine on it, the title might be set aside," said Bob.
"You'd have a picnic proving anything of the sort one way or another about what a man intends to do," Welton pointed out.
"Do you remember one evening when Baker was up at camp and was kicking on paying water tolls? It was about the time Thorne first came in as Supervisor, and just before I entered the Service."
"Seems to me I recall something of the sort."
"Well, you think it over. Baker told us then that he had a way of beating the tolls, and mentioned this very scheme of taking advantage of the mineral laws. At the time he had a notion of letting us in on the timber."
"Sure! I remember!" cried Welton.
"Well, if you and I were to testify as to that conversation, we'd establish his intent plainly enough."
"Sure as you're a foot high!" said Welton slowly.
"Baker knows this; and he's threatened, if I testify against him, to bring the Wolverine Company into the fight. Now what should I do about it?"
Welton turned on him a troubled eye.
"Bob," said he, "there's more to this than you think. I didn't have anything to do with this land until just before we came out here. One of the company got control of it thirty year ago. All that flapdoodle," he struck the papers, "didn't mean nothing to me when I thought it came from your amatoore detectives. But if Baker has this case looked up there's something to it. Go slow, son."
He studied a moment.
"Have you told your officers of your own evidence against Baker?"
"Not yet."
"Or about these?" he held up the papers.
"No."
"Well, that's all right. Don't."
"It's my duty----"
"Resign!" cried Welton energetically; "then it won't be your duty. Nobody knows about what you know. If you're not called on, you've nothing to say. You don't have to tell all you know."
A vision swept before Bob's eyes of a noble forest supposedly safe for all time devoted by his silence to a private greed.
"But concealing evidence is as much of a perjury as falsifying it—" he began. A second vision flashed by of a ragged, unshorn fugitive, now in jail, whom his testimony could condemn. He fell silent.
"Let sleeping dogs lie," said Welton, earnestly. "You don't know the harm you may do. Your father's reelection comes this fall, you know, and even if it's untrue, a suit of this character—" He in his turn broke off.
"I don't see how this could hurt father's chances—either way," said Bob, puzzled.
"Well, you know how I think about it," said Welton curtly, rising. "You asked me."
He stumped over to Jane, untied the rope with his thick fingers, clambered aboard. From the mule's back he looked down on Bob, his kindly, homely face again alight with affection.
"If you never have anything worse on your conscience than keeping your face shut to protect a friend from injustice, Bobby," he said, "I reckon you won't lose much sleep."
With these words he rode away. Bob, returning to camp, unsaddled, and, very weary, sought his cabin. His cabin mate was stolidly awaiting him, seated on the single door step.
"My friend that was going to leave me some money in my bunk was coming to-day," said Jack Pollock. "It ain't in your bunk by mistake?"
"Jack," said Bob, weariedly throwing all the usual pretence aside, "I'm ashamed to say I clean forgot it; I had such a job on hand. I'll ride over and get it now."
"Don't understand you," said Jack, without moving a muscle of his face.
Bob smiled at the serious young mountaineer, playing loyally his part even to his fellow-conspirator.
"Jack," said he, "I guess your friend must have been delayed. Maybe he'll get here later."
"Quite like," nodded Jack gravely.
* * *
XXI
Bob made the earliest chance to obtain California John's promised advice. The old man was unlettered, but his understanding was informed by a broad and gentle spirit and long experience of varied things. On this the head ranger himself touched.
"Bob," he began, "I'm an old man, and I've lived through a lot. When I come into this state the elk and deer and antelope was running out on the plains like sheep. I mined and prospected up and down these mountains when nobody knew their names. There's hardly a gold camp you can call over that I ain't been in on; nor a set of men that had anything to do with making the state that I ain't tracked up with. Most of the valley towns wasn't in existence those days, and the rest was little cattle towns that didn't amount to anything. The railroad took a week to come from Chicago. There wasn't any railroad up the coast. They hadn't begun to irrigate much. Where the Redlands and Riverside orange groves are there was nothing but dry washes and sage-brush desert. It cost big money to send freight. All that was shipped out of the country in a season wouldn't make up one shipment these days. I suppose to folks back East this country looked about as far off as Africa. Even to folks living in California the country as far back as these mountains looked like going to China. They got all their lumber from the Coast ranges and the lower hills. This back here was just wilderness, so far off that nobody rightly thought of it as United States at all.
"Of course, by and by the country settled up a little more but even then nobody ever thought of timber. You see, there was no market to amount to anything out here; and a few little jerk-water mills could supply the whole layout easy. East, the lumber in Michigan and Wisconsin and Minnesota never was going to give out. In those days you could hardly give away land up in this country. The fellow that went in for timber was looked on as a lunatic. It took a big man with lots of sand to see it at all."
Bob nodded, his eye kindling with the beginnings of understanding.
"There was a few of them. They saw far enough ahead, and they come in here and took up some timber. Other folks laughed at them; but I guess they're doing most of the laughing now. It took nerve, and it took sense, and it took time, and it took patience." California John emphasized each point with a pat of his brown, gnarled hand.
"Now those fellows started things for this country. If they hadn't had the sheer nerve to take up that timber, nobody would have dared do anything else—not for years anyhow. But just the fact that the Wolverine Company bought big, and other big men come in—why it give confidence to the people. The country boomed right ahead. If nobody had seen the future of the country, she'd have been twenty year behind. Out West that means a hell of a lot of value, let me tell you!"
"The timber would have belonged to the Government," Bob reminded him.
"I'm a Forest officer," said California John, "and what's more, I was a Forest officer for a good many years when there was nothin' to it but kicks. There can't nobody beat me in wishing a lot of good forest land was under the Service instead of being due to be cut up by lumbermen. But I've lived too long not to see the point. You can't get benefits without paying for 'em. The United States of America was big gainers because these old fellows had the nerve just to come in and buy. It ain't so much the lumber they saw and put out where it's needed—though that's a good deal; and it ain't so much the men they bring into the country and give work to—though that's a lot, too. It's t
he confidence they inspire, it's the lead they give. That's what counts. All the rest of these little operators, and workmen, and storekeepers, and manufacturers wouldn't have found their way out here in twenty years if the big fellows hadn't led the way. If you should go over and buy ten thousand acres of land by Table Mountain to-morrow, next year there'd be a dozen to follow you in and do whatever you'd be doing. And while it's the big fellow that gives the lead, it's the little fellow that makes the wealth of the country!"
Bob stared at the old man in fascinated surprise. This was a new California John, this closely reasoning man, with, clear, earnest eyes, laying down the simple doctrine taught by a long life among men.
"The Government gives alternate sections of land to railroads to bring them in the country," went on California John. "In my notion all this timber land in private hands is where it belongs. It's the price the Government paid for wealth."
"And the Basin----" cried Bob.
"What the hell more confidence does this country need now?" demanded California John fiercely; "what with its mills and its trolleys, its vineyards and all its big projects. What right has this man Baker to get pay for what he ain't done?"
The distinction Bob had sensed, but had not been able to analyze, leaped at him. The equities hung in equal balance. On one side he saw the pioneer, pressing forward into an unknown wilderness, breaking a way for those that could follow, holding aloft a torch to illumine dark places, taking long and desperate chances, or seeing with almost clairvoyant power beyond the immediate vision of men; waiting in faith for the fulfillment of their prophecies. On the other he saw the plunderer, grasping for a wealth that did not belong to him, through values he had not made. This fundamental difference could never again, in Bob's mind, be gainsaid.
Nevertheless though a difference in deeper ethics, it did not extend to the surface of things by which men live. It explained; but did it excuse, especially in the eye of abstract ethics? Had not these men broken the law, and is not the upholding of the law important in its moral effect on those that follow?
The Rules of the Game Page 48