The Railroad War

by Wesley Ellis

  As they walked on, she told Ki what she’d encountered during the time they’d been apart: records missing from the courthouse, the two fires, Prosser’s appearance and offers and threats, the meeting of Hidden Valley landowners that was to be held that night.

  “You’ve been a lot busier than I have,” Ki commented when Jessie had finished. “But think about going to Virginia City, Jessie. All that the cartel has here are fingers. What we can do there is strike at its arm.”

  “We’ll talk about it later, Ki. Right now we’ve got enough to keep us busy here in Hidden Valley.”

  Jed Clemson was waiting when Jessie and Ki got back to the Tinker house. He told the Captain, “Dad and I got to talking after you left, and we made up a list of the men that ought to be at this meeting tonight. I’ll take care of the ranchers down in the south valley, but there’s more farms than he can get to in the time we’ve got. Can you give us a hand?”

  “Jessie and I have got to go back to the courthouse and keep on looking for land deeds. Martha’s fixed us some sandwiches so we won’t lose time coming back here at noon.”

  “How about me, Grandpa?” Bobby asked. “I can take the buggy and—”

  “Well, I guess you could, Bobby,” the old man began, then he frowned and asked, “But are you sure you know enough about all this to explain it so they’d understand?”

  Jessie broke in quickly, “Suppose Ki went with Bobby, Captain?” Her eyes flicked quickly to catch Ki‘s, and when he nodded approvingly, she added, “He could help Bobby explain.”

  “Now that’s a shrewd idea,” Tinker agreed. “We can cover all the ground that way. Let’s leave them to get folks to the meeting, and the two of us will keep getting dust up our noses.”

  Examining the boxes of dusty records proved as unrewarding as it had been the day before. Noon came and passed, and Jessie and the Captain had still found nothing helpful. By midafternoon they’d gone through the boxes of old records, and were beginning on those of recent years.

  “It looks to me like what we’ve done has just been wasted time, Jessie,” Tinker said.

  “It hasn’t all been wasted,” she replied. “Doesn’t it seem odd to you that there are records of everything except land deeds in these boxes? I’d be willing to bet that somebody has gone through them and taken out every land deed they found.”

  Tinker frowned. “Now, that hadn’t occurred to me. But if you’re right, we’d be spitting into the wind if we kept on.”

  “There’s another place where we should be able to find certified copies or originals of some of the deeds, though,” Jessie went on. “And that’s the bank. Unless it’s different from others I know about, it would get copies of deeds when it lends money with land as a security. Surely some of the farmers and ranchers must have had to borrow during bad years.”

  “I’d guess most of ‘em have,” Tinker said. “Let’s don’t make too much more fuss here, then. We’ll step across the street to the bank and see what Oscar Breyer has to say.”

  Breyer radiated cordiality when Jessie and the Captain first came in. Jessie recognized him as a model of small-town bankers. Smooth-shaven, the tracks of a combing still visible in his graying hair, Breyer looked and smelled like he was fresh from a barber’s chair; even at that hour of the afternoon, a faint aroma of cologne and macassar-oil hairdressing still clung to him. His gray suit was brightened by an embroidered vest and a pearl stickpin in his wide cravat.

  After settling Jessie and the Captain into chairs beside his ornately carved rolltop desk, the banker tugged the bottom tips of his embroidered waistcoat to remove the wrinkles that bulged when he sat down himself, and smiled at them benignly.

  “It’s always a pleasure to see you, Captain, and I’ve heard you mention the Starbuck name many times,” Breyer said. “What can we do for you today?”

  “We want some information, Oscar,” Tinker said bluntly. “I guess you know the railroad’s beginning to make trouble for some of the folks here who don’t want to sell their good farmland for right-of-way?”

  “I heard of the unfortunate events of last night, yes. But how does that concern you, Captain? Or Miss Starbuck?”

  “Even if most of it happened before your time here, you’d know how I came by the land that I sold the people here in Hidden Valley,” the Captain replied.

  “Oh, of course,” Breyer smiled. He waved his hand in an expansive gesture. “The Starbuck legend.”

  “It’s not a legend,” Jessie said quickly. “It happens to be true that my father gave the valley to Captain Tinker.”

  “I didn’t mean any offense, Miss Starbuck,” Breyer apologized. “I never doubted that the basic facts were true, but I know that stories of that kind are often colored by the years.”

  “This one isn‘t,” she replied. “That’s beside the point, though. Just how much do you know about the South Sierra Railway Company, Mr. Breyer?”

  “They’re among our depositors, of course,” Breyer replied. “And I’ve seen their balance sheet, which I might add is very satisfactory for a business that hasn’t really begun operating yet. Why do you ask, Miss Starbuck?”

  Before Jessie could answer, the Captain said, “They’re out buying right-of-way, but I guess you know that.”

  Breyer nodded. “I’ve been told that’s their next step in building through the valley here.”

  “There’s a lot of people don’t want to sell to them, though. Farmers who’d have tracks running through their fields, cutting off their houses, things like that.” The Captain stopped with a growing frown and shook his head. He went on, “There’s been some talk about folks not having clear titles to their land, Oscar, people I sold the land to. Jessie and I, well, we’ve been trying to make sure the deeds are all in order.”

  “That’s hardly a matter for the bank to be concerned with,” Breyer said.

  “We’ve been trying to find records at the courthouse,” Jessie told the banker, “and haven’t been able to. The Captain and I thought you might have some certified copies of deeds to land that was used as security for loans.”

  “I’m sure we do,” Breyer replied. “But I don’t see what the connection is between our loan records and the railroad.”

  “We were hoping you’d let us have copies of whatever deeds you might have in your files,” Captain Tinker explained. “It’d help folks to know they’ve got a clear title to any land the railroad might be interested in, if the question should come up.”

  “Even if we did have copies of deeds in our loan files, it would be highly improper for us to give them to you, Captain Tinker,” Breyer said. “Those are confidential bank records.”

  “I’m sure any of your depositors who might have deeds filed with you will be glad to give you permission to let us have the copies we want,” Jessie told the banker.

  “That wouldn’t make any difference, Miss Starbuck,” Breyer said. “No bank will open its confidential files to anyone except a state or federal examiner.”

  “Suppose the people these files concern come in and ask for their deeds, Oscar?” The Captain asked. “Wouldn’t you let them have copies of their deeds?”

  “No, we wouldn‘t, Captain Tinker,” Breyer replied. “Once a confidential file is established, it’s bank property.”

  “Dammit, man, these people are your customers! Don’t you feel like they’ve got some rights?” Tinker exclaimed.

  “Oh, certainly they do,” Breyer agreed. “But they don’t have a right to any records that are the bank’s property.”

  Jessie decided the time had come for a showdown. She said, “Mr. Breyer, you seem to be determined to put your bank’s rules ahead of the interests of your depositors. As the Captain said, we need facts to help the people in Hidden Valley keep the railroad from stealing the land they’ve bought and paid for.”

  Breyer frowned. “Isn’t ‘stealing’ much too harsh a word? As I understand it, the railroad is offering to pay very generously for the land it needs.”

  �
��It’s also threatening to take land by force if the owners refuse to sell to them,” she said coldly. “I’d hardly call that generous, Mr. Breyer.”

  “I haven’t heard of any such threats, Miss Starbuck,” the banker frowned. “Isn’t it possible that you and Captain Tinker have been deceived by malicious gossip spread by troublemakers?”

  “I heard the threats myself,” Jessie answered. “They were made by Mr. Prosssr. You’re acquainted with him, I’m sure.”

  “Yes, of course. But I can’t believe Karl would do anything like that,” Breyer replied.

  “I’m not accustomed to being called a liar, Mr. Breyer,” Jessie said icily. She stood up. “If that’s your attitude, Captain Tinker and I are wasting our time even talking to you.”

  Breyer was on his feet instantly. “Now please, Miss Starbuck! I made an unfortunate choice of words! I had no intention of implying that you weren’t being truthful! Please accept my apologies and let’s continue our conversation.”

  Captain Tinker said, “I’m sure Oscar didn’t mean to insult you, Jessie. Why don’t we—”

  When she chose to do so, Jessie could be as haughty as any titled aristocrat. She kept her face frozen and matched it with the coldness of her voice. “It’s obvious that Mr. Breyer is more interested in a group of rapacious scoundrels than he is in the welfare of the farmers and ranchers who - support his bank, Captain Tinker. And I don’t wish to spend a minute longer talking to a man who has called me a liar. You stay if you like. I won’t.”

  Jessie started walking toward the door, Breyer following her, Jessie still ignoring his apologies. The Captain watched for a moment, then picked up his hat and joined them.

  Breyer was still talking when they reached the door and Jessie left the bank. Captain Tinker sighed, and joined her on the sidewalk outside. Jessie started walking briskly toward the Tinker residence, the Captain vainly trying to keep up with her, but always a step or two behind. Jessie slowed her brisk pace, and as he came abreast of her and she turned to face him, Tinker was surprised to see her grinning.

  “Do you think my imitation of an empty-headed society woman was good enough to fool Breyer?” she asked.

  “You were just putting on all that high-hat business?” he asked when he’d recovered from his surprise.

  “Have you ever seen me act that way before, Captain?”

  “I can’t say I have, Jessie. And it took me in, all right. All I could think of was that Alex wouldn’t have liked it a bit if he’d been here to see you. But why’d you do it?”

  “Because I wanted him to think I’m a vain, snobbish fool who isn’t capable of causing a great deal of trouble. I’m sure your friend Breyer will spread the word where that kind of report will help us the most.”

  “Don’t call Oscar Breyer a friend of mine any longer. Not after what he just did.”

  “If we knew the truth, I think we’d find that Karl Prosser has been working very hard to develop a friendship with Mr. Breyer,” Jessie said soberly. “Don’t underestimate the cartel’s agents. They have a way of corrupting men and still leaving their victims with the belief that they’re honest.”

  “Are you saying Oscar’s in cahoots with Prosser, Jessie?”

  “I won’t say yes, because I don’t know,” she said. “But I intend to find out a lot more about Mr. Breyer and his bank as soon as I have the time.”

  “How’ll you go about finding out a thing like that, Jessie?” the Captain frowned.

  “You know that my father had a lot of business interests here in the West. He did all his banking at the First California Bank in San Francisco, and I didn’t change anything. I know they can give us all the information we need about Breyer,” Jessie replied. She did not add that among the other Starbuck enterprises she’d inherited was a controlling interest in the bank. “Banks may have secrets from the public, but they don’t have any among themselves.”

  Tinker chuckled. “You sure sound like Alex used to, Jessie. If he was here today, he’d be right proud of you.”

  “Thank you, Captain. When I run up against a problem that I can’t seem to solve, I always ask myself what Father would have done, and usually that solves my problem.”

  They walked on in silence for a few moments, then Jessie said, “We can’t really afford to regret the past, can we? There isn’t any way we can change it.”

  “No. But there’s sure a lot of things we’d change if we could. Like that bunch of crooks that meddled with the deeds. If we hadn’t elected them...” The Captain shook his head. “You know, Jessie, it ought to be possible for folks to change a mistake like that.”

  They’d taken a few more steps before Jessie stopped short, put her hand on her companion’s arm, and said, “I think you just found the answer we need, Captain.”

  “If I did, I sure didn’t know it. What’d I say?”

  “Never mind that right now.” Jessie’s eyes were sparkling. “Is there a lawyer here in the valley?”

  “Not a one except the county judge, and he’s away. Why?”

  “I want a copy of the territorial constitution.”

  “Wait now,” Tinker frowned. “Ed Pashke’s boy was studying to be a lawyer till last year, when he decided it’d take him too long to learn what he’d have to. Likely he’d have a copy.”

  “Where does he live?”

  “Right up the street from my house. Why?”

  “Let’s go see if he has.”

  “What about the land deeds?”

  “They can wait.”

  “Jessie, maybe you better tell me what kind of scheme you’re hatching out,” Tinker said.

  “I’ll tell you as we go. And if I’m right, we’ll do some planning about that meeting we’re going to have tonight. I think we might be able to tell these Hidden Valley folks what they can do to end the ugly situation the South Sierra Railway Company seems determined to create.”

  Chapter 12

  Outside Captain Tinker’s barn, waiting until they were sure there would be no more Hidden Valley residents arriving to join the crowd that had already gathered inside, the Captain, Jessie, Ki, and Jed Clemson stood talking.

  “Some of those men in there look mean and mad, Jessie,” the old seaman said. “Do you think we ought to go further than we decided we would, and tell them more?”

  “No,” she replied promptly. “Let’s stick to our plan. Tell them everything we’re sure is true. We can’t tell them what we only suspect, things we know but can’t prove yet.”

  “I’d feel like telling them our suspicions too, but I know that whatever we say in there, Prosser and Breyer and the rest of the railroad bunch are going to hear about it before the sun’s over the yardarm tomorrow,” the Captain said.

  “They already know more than we do about their own plans,” Ki pointed out. “Jessie’s right, Captain. We should not let them know what we suspect.”

  Jed Clemson volunteered, “When I was out today spreading the word about the meeting, I found out that most of the valley folks know about the fires, but not much else. They haven’t fitted all of it together the way you and Jessie and Ki have, Captain.”

  “There’s one thing we shouldn’t mention,” Jessie said. “I don’t suppose there’ll be anyone here tonight who’s ever heard of the cartel, or even suspects that such a thing exists.”

  “Well, I sure don’t know a thing about it,” Jed told her. “I didn’t ask questions when I heard you mention it before, Jessie, but maybe you’d better tell me what you’re talking about.”

  “We don’t have time to do that now, Jed,” Jessie said. “If you’ll take my word and the Captain’s that it’s something that isn’t good for Hidden Valley, I’ll promise to explain later.”

  Tinker added quickly, “Jessie’s right, Jed. You’ve got my word on what she’s going to tell you later, too.”

  “I’d take either one of you on trust,” Jed smiled. “When you both say the same thing, I figure I’d just better listen.”

  “Let’s start
the meeting, then,” the Captain said. “All those people have to get up early tomorrow, and I’ve got a notion we’re going to be here longer than we expect to be.”

  They went into the barn. To make room, the Captain had left his buggy outside, but the clear area in front of the stalls was so crowded that some of the younger and more agile of the men had climbed up into the hayloft, and a few had even shinnied out on the rafters. Jessie saw the eyes of the men focused on her curiously, and noticed that she was the only woman in the barn. Captain Tinker banged on a tin pail with the buckle of a harness strap to quiet the noisy buzz of talk.

  “I don’t suppose I need to waste your time telling you why we’re here,” he began. “Some of us know better than others what happened last night to Jethro and Rose Garvey, and Alice and Henry Clemson and their family. What we’re here for is to keep the same thing from happening to anybody else.”

  “We know what’s been going on,” a man called from the back of the crowd. “Let’s cut the talk short and get the necktie party started!”

  A half-dozen shouts of approval sounded. The captain held up his hands to silence them. He went on, “We didn’t come here to set ourselves up as vigilantes. Nobody’s been killed, and if we do the right thing here tonight, nobody’s likely to be. We’ve got laws to go by, and the best thing we can do is use them.”

  “You better tell that to Prosser and the railroad bunch,” a man in the front of the group said. “They’re the ones that’re breaking the law, not us.”

  “That’s right!” the man standing next to the speaker added. “Nevada Territory ain’t the best place in the country to talk about laws, Cap’n Bob. I guess we got enough laws, but nobody pays much attention to them.”

  “Especially the railroad,” his companion added quickly.