"Nor am I. But I have had this clause pa.s.sed upon, and I tell you that we are quite within our rights. The charter covers the case completely, according to the best legal opinion."
"But n.o.body thought of irrigation when this charter was granted,"
objected Dunne. "The land was supposed to be worthless. That was why Prairie Southern got such a large land grant. You know that."
"That has nothing to do with the case. Let us stick to the point. What, so far, have you to complain of?"
"This," said Dunne shortly. "You have a charter which you say ent.i.tles you to all the water in the river. You are constructing ditches sufficient to carry it all; you are constructing a dam to divert it all; and you are selling land to an acreage which, if cultivated, will require it all. You admit your intentions. When that dam is built and those ditches are filled our ranches must go dry. It spells our ruin.
We are living on sufferance. And yet you ask us what we have to complain of!"
"I need scarcely a.s.sure you," said York, "that unless and until we require the water it will not be taken."
"Not nearly good enough," Dunne returned. "We can"t work and improve our ranches with that hanging over us. Such an a.s.surance is of no practical value."
"It is all I can give you."
Casey Dunne nodded as one who sees things turning out as he expected.
"Then naturally we shall be forced to fight you."
"As you like," said York indifferently. "You will lose, that"s all. I can"t do any more for you. It is my duty to my shareholders to increase the value of those lands if I can do so legally."
"I wish I could get your viewpoint," said Casey Dunne, and for the first time his voice lost a shade of its calm and began to vibrate with anger. "I"d like to know just how much it differs from a claim jumper"s or a burglar"s. You know as well as I do that you have no earthly right to take that water. You know you are taking advantage of the careless wording of an old charter. You know that it means the utter ruin of men who went into a G.o.d-forsaken land without a dollar, and took a brown, parched wilderness by the throat, and fought it to a standstill--men who backed their faith in the country with years of toil and privation, who made the trails and dug the ditches, and proved the land. And you have the colossal nerve to set a little additional dividend on watered stock against the homes of those men--old, some of them, now--and the rights of their wives and children to the fruits of their work!"
The railway man surveyed him with quiet amus.e.m.e.nt. To him this resembled the vicarious indignation of a very young country lawyer at a client"s wrongs.
"Are you," he asked, with quiet sarcasm, "one of those who made the trails and dug the ditches and endured the privations? If so, they seem to have agreed with you."
Casey Dunne"s blue eyes narrowed, and his voice fell to a level. He leaned forward across the desk with an ugly set to his jaw.
"If you want to know just how strong I"m in on this I"ll tell you," he snapped. "I"m thirty-four years old. I"ve made my own living since I was fifteen. I"ve roughed it because I had to, and I"ve gone low enough at times. I"ve starved and blistered and frozen in places you never heard of; and out of it all I got together a little stake. I put that into Coldstream land. Do you think I"m going to let you take it without a fight? I"m _not_."
York, who never let go himself, drummed on his desk thoughtfully. This was a sentiment he understood and appreciated. A fighter, he recognized a kindred spirit. Also if this man were influential, as appeared likely, among the Coldstream ranchers, it might be well to make terms with him.
"You haven"t a chance," he said. "I"ll be quite frank with you. We have the best legal advice, and our position is quite una.s.sailable. Even if it were not, we could appeal you into bankruptcy. Still, though I don"t admit that you have the least claim on us, we might possibly buy in your holdings at a fair present price."
"That"s freeze-out," Dunne returned bluntly. "You force us to sell, and afterward you include our lands in your ditch system, and clean up a thousand per cent. It won"t do. We proved that country, and we want that profit ourselves."
"I"m making the offer to you alone," said York. "I don"t care about the others. We don"t want their land."
"Then why are you trying to make a deal with me?" rasped Casey Dunne.
"You think I"ll go home and tell my neighbours that they have no show at all to buck the railway, and the best thing we all can do is to sell out for what we can get--and then I keep my mouth shut on the fact that I"m getting more than the rest of them."
"Nothing of the sort," snapped York, who did not like to hear his thought done into plain English. "My offer was made in good faith, but I withdraw it. Keep your land."
"And the devil do me good with it, I suppose!" said Casey Dunne, picking up his hat and rising. "Very well, Mr. York. I know now where you stand. And here"s where we stand: Not one of us will sell an acre or a foot. We are going to keep our land, and we are going to keep our water--somehow."
"The best advice I can give you is to see a good lawyer," said York.
"I"ll take the advice," Dunne replied. "But whether we take the lawyer"s advice or not is another matter entirely."
"What do you mean by that?" York demanded.
"I mean," said Dunne, who had quite recovered his usual manner, which contained a spice of mockery that York found irritating, "that we"re not very strong on law down where I come from. Some of us have got along pretty well with what law we carried around with us. Good morning, Mr. York."
CHAPTER III
Considerably more than a year after her experience with the train robbers, Clyde Burnaby received a dinner invitation from the Wades.
Kitty Wade was an old friend; her husband, Harrison Wade, was a lawyer just coming into prominence. They had an unpretentious home on the North Side, and such entertaining as they did was on a modest scale.
Nevertheless, one met there people worth while, coming people, most of them, seldom those who had "arrived" in the French signification of the word--young professional and business men, authors, playwrights, and politicians in embryo--comparatively unknown as yet, but who, in a few months or a few years, might be famous.
"Oh, Clyde," said Kitty Wade, as Clyde, having removed her wraps, was arranging her hair before the mirror, "I had planned to have Van Cromer take you in to dinner, but at the last moment he couldn"t come, and Stella Blake couldn"t come either. I had a Mr. Casey Dunne for her. And so, if you don"t mind----"
"Of course not," said Clyde. "But post me a little, Kitty. What has Mr.
Casey Dunne done, or what is he going to do? What does one talk about to him?"
"Crops," replied Mrs. Wade.
Clyde sighed resignedly. "My dear, I don"t mind for once, but I never could understand the market. May wheat, September options, war and rumours of wars, and the effect on prices of the weather sent by divine Providence, probabilities of a large or short crop--these be sealed mysteries to me."
"But Mr. Dunne isn"t a broker," said Mrs. Wade. "He"s a farmer."
"A--a _farmer_!" Clyde repeated, in much the same tone she would have used if her hostess had informed her that she was to be paired with a Zulu.
Mrs. Wade laughed. "Not the "Old Homestead" kind, dear. It"s the fault of my Eastern bringing up. I should have said a "rancher." He comes from somewhere near the Rockies, and I believe he grows wheat and hay and cattle and--oh, whatever else ranchers grow."
"Oh!" said Clyde doubtfully. "And is he excessively Western? Does he exude the "G.o.d"s-own-country" and "land-of-opportunity" line of conversation? Will he try to sell me land? And how old is he?"
"I have never seen him," Mrs. Wade replied. "He did Harrison a good turn once--gave him some information about lands or something. Harry a.s.sures me that he doesn"t wear big revolvers or spurs, or eat with his knife--in fact, he is quite presentable. But if you like I"ll give you some one else."
"Oh, no," said Clyde. "Mr. Dunne will do very well. I think I shall prefer him to a broker."
"So good of you, dear," smiled Kitty Wade. "Shall we go down? I think the others will be arriving."
Clyde endeavoured to construct an advance portrait of Casey Dunne, but without much success. Unconsciously she was influenced by the characters of alleged Western drama, as flamboyant and nearly as accurate as the Southerners of "Uncle Tom"s Cabin." She was genuinely surprised when she found him to be a rather good-looking young man in irreproachable evening clothes.
At that moment dinner was announced. He offered his arm without hesitation. Clyde intercepted a glance from her hostess, br.i.m.m.i.n.g with laughter. She laughed back with relief. She had rather dreaded the experience of a dinner companion who would be guilty of all manner of solecisms. Clearly her fears had been groundless. Save in the matter of tan, which was rather becoming, Wade"s Western friend differed in no outward detail from the other men in the room.
When they were seated came the embarra.s.sing moment--when it became necessary to find a conversational topic of common acquaintance. But this pa.s.sed easily. From the table decorations Clyde turned deftly to flowers in general, to trees, to outdoor things. Casey Dunne laughed gently.
"You are trying to talk of things I am expected to know about, aren"t you, Miss Burnaby?"
She evaded the charge, laughing also. "What _shall_ we talk about, Mr.
Dunne? You shall choose for both of us."
"No, I won"t do that. Talk of whatever interests you. I"ll follow your lead if I can."