Chapter VII: Part 7

“I don’t know what I’ve been thinking about, Mex,” he remarked in his usual mild drawl, “to have forgot all about a Christmas present I got to give. I’m going to ride over to-morrow night and shoot Madison Lane in his own house. He got my girl—Rosita would have had me if he hadn’t cut into the game. I wonder why I happened to overlook it up to now?”

“Ah, shucks, Kid,” said Mexican, “don’t talk foolishness. You know you can’t get within a mile of Mad Lane’s house to-morrow night. I see old man Allen day before yesterday, and he says Mad is going to have Christmas doings at his house. You remember how you shot up the festivities when Mad was married, and about the threats you made? Don’t you suppose Mad Lane’ll kind of keep his eye open for a certain Mr. Kid? You plumb make me tired, Kid, with such remarks.”

“I’m going,” repeated the Frio Kid, without heat, “to go to Madison Lane’s Christmas doings, and kill him. I ought to have done it a long time ago. Why, Mex, just two weeks ago I dreamed me and Rosita was married instead of her and him; and we was living in a house, and I could see her smiling at me, and—oh! h––––l, Mex, he got her; and I’ll get him—yes, sir, on Christmas Eve he got her, and then’s when I’ll get him.”

“There’s other ways of committing suicide,” advised Mexican. “Why don’t you go and surrender to the sheriff?”

“I’ll get him,” said the Kid.

Christmas Eve fell as balmy as April. Perhaps there was a hint of far-away frostiness in the air, but it tingles like seltzer, perfumed faintly with late prairie blossoms and the mesquite grass.

When night came the five or six rooms of the ranch-house were brightly lit. In one room was a Christmas tree, for the Lanes had a boy of three, and a dozen or more guests were expected from the nearer ranches.

At nightfall Madison Lane called aside Jim Belcher and three other cowboys employed on his ranch.

“Now, boys,” said Lane, “keep your eyes open. Walk around the house and watch the road well. All of you know the ‘Frio Kid,’ as they call him now, and if you see him, open fire on him without asking any questions. I’m not afraid of his coming around, but Rosita is. She’s been afraid he’d come in on us every Christmas since we were married.”

The guests had arrived in buckboards and on horseback, and were making themselves comfortable inside.

The evening went along pleasantly. The guests enjoyed and praised Rosita’s excellent supper, and afterward the men scattered in groups about the rooms or on the broad “gallery,” smoking and chatting.

The Christmas tree, of course, delighted the youngsters, and above all were they pleased when Santa Claus himself in magnificent white beard and furs appeared and began to distribute the toys.

“It’s my papa,” announced Billy Sampson, aged six. “I’ve seen him wear ’em before.”

Berkly, a sheepman, an old friend of Lane, stopped Rosita as she was passing by him on the gallery, where he was sitting smoking.

“Well, Mrs. Lane,” said he, “I suppose by this Christmas you’ve gotten over being afraid of that fellow McRoy, haven’t you? Madison and I have talked about it, you know.”

“Very nearly,” said Rosita, smiling, “but I am still nervous sometimes. I shall never forget that awful time when he came so near to killing us.”

“He’s the most cold-hearted villain in the world,” said Berkly. “The citizens all along the border ought to turn out and hunt him down like a wolf.”

“He has committed awful crimes,” said Rosita, “but—I—don’t—know. I think there is a spot of good somewhere in everybody. He was not always bad—that I know.”

Rosita turned into the hallway between the rooms. Santa Claus, in muffling whiskers and furs, was just coming through.

“I heard what you said through the window, Mrs. Lane,” he said. “I was just going down in my pocket for a Christmas present for your husband. But I’ve left one for you, instead. It’s in the room to your right.”

“Oh, thank you, kind Santa Claus,” said Rosita, brightly.

Rosita went into the room, while Santa Claus stepped into the cooler air of the yard.

She found no one in the room but Madison.

“Where is my present that Santa said he left for me in here?” she asked.

“Haven’t seen anything in the way of a present,” said her husband, laughing, “unless he could have meant me.”

The next day Gabriel Radd, the foreman of the X O Ranch, dropped into the post-office at Loma Alta.

“Well, the Frio Kid’s got his dose of lead at last,” he remarked to the postmaster.

“That so? How’d it happen?”

“One of old Sanchez’s Mexican sheep herders did it!—think of it! the Frio Kid killed by a sheep herder! The Greaser saw him riding along past his camp about twelve o’clock last night, and was so skeered that he up with a Winchester and let him have it. Funniest part of it was that the Kid was dressed all up with white Angora-skin whiskers and a regular Santy Claus rig-out from head to foot. Think of the Frio Kid playing Santy!”

XXI A LITTLE LOCAL COLOUR

I mentioned to Rivington that I was in search of characteristic New York scenes and incidents—something typical, I told him, without necessarily having to spell the first syllable with an “i.”

“Oh, for your writing business,” said Rivington; “you couldn’t have applied to a better shop. What I don’t know about little old New York wouldn’t make a sonnet to a sunbonnet. I’ll put you right in the middle of so much local colour that you won’t know whether you are a magazine cover or in the erysipelas ward. When do you want to begin?”

Rivington is a young-man-about-town and a New Yorker by birth, preference and incommutability.

I told him that I would be glad to accept his escort and guardianship so that I might take notes of Manhattan’s grand, gloomy and peculiar idiosyncrasies, and that the time of so doing would be at his own convenience.

“We’ll begin this very evening,” said Rivington, himself interested, like a good fellow. “Dine with me at seven, and then I’ll steer you up against metropolitan phases so thick you’ll have to have a kinetoscope to record ’em.”

So I dined with Rivington pleasantly at his club, in Forty-eleventh street, and then we set forth in pursuit of the elusive tincture of affairs.

As we came out of the club there stood two men on the sidewalk near the steps in earnest conversation.

“And by what process of ratiocination,” said one of them, “do you arrive at the conclusion that the division of society into producing and non-possessing classes predicates failure when compared with competitive systems that are monopolizing in tendency and result inimically to industrial evolution?”

“Oh, come off your perch!” said the other man, who wore glasses. “Your premises won’t come out in the wash. You wind-jammers who apply bandy-legged theories to concrete categorical syllogisms send logical conclusions skallybootin’ into the infinitesimal ragbag. You can’t pull my leg with an old sophism with whiskers on it. You quote Marx and Hyndman and Kautsky—what are they?—shines! Tolstoi?—his garret is full of rats. I put it to you over the home-plate that the idea of a cooperative commonwealth and an abolishment of competitive systems simply takes the rag off the bush and gives me hyperesthesia of the roopteetoop! The skookum house for yours!”

I stopped a few yards away and took out my little notebook.

“Oh, come ahead,” said Rivington, somewhat nervously; “you don’t want to listen to that.”

“Why, man,” I whispered, “this is just what I do want to hear. These slang types are among your city’s most distinguishing features. Is this the Bowery variety? I really must hear more of it.”

“If I follow you,” said the man who had spoken first, “you do not believe it possible to reorganize society on the basis of common interest?”

“Shinny on your own side!” said the man with glasses. “You never heard any such music from my foghorn. What I said was that I did not believe it practicable just now. The guys with wads are not in the frame of mind to slack up on the mazuma, and the man with the portable tin banqueting canister isn’t exactly ready to join the Bible class. You can bet your variegated socks that the situation is all spifflicated up from the Battery to breakfast! What the country needs is for some bully old bloke like Cobden or some wise guy like old Ben Franklin to sashay up to the front and biff the nigger’s head with the baseball. Do you catch my smoke? What?”

Rivington pulled me by the arm impatiently.

“Please come on,” he said. “Let’s go see something. This isn’t what you want.”

“Indeed, it is,” I said resisting. “This tough talk is the very stuff that counts. There is a picturesqueness about the speech of the lower order of people that is quite unique. Did you say that this is the Bowery variety of slang?”

“Oh, well,” said Rivington, giving it up, “I’ll tell you straight. That’s one of our college professors talking. He ran down for a day or two at the club. It’s a sort of fad with him lately to use slang in his conversation. He thinks it improves language. The man he is talking to is one of New York’s famous social economists. Now will you come on. You can’t use that, you know.”

“No,” I agreed; “I can’t use that. Would you call that typical of New York?”

“Of course not,” said Rivington, with a sigh of relief. “I’m glad you see the difference. But if you want to hear the real old tough Bowery slang I’ll take you down where you’ll get your fill of it.”

“I would like it,” I said; “that is, if it’s the real thing. I’ve often read it in books, but I never heard it. Do you think it will be dangerous to go unprotected among those characters?”

“Oh, no,” said Rivington; “not at this time of night. To tell the truth, I haven’t been along the Bowery in a long time, but I know it as well as I do Broadway. We’ll look up some of the typical Bowery boys and get them to talk. It’ll be worth your while. They talk a peculiar dialect that you won’t hear anywhere else on earth.”

Rivington and I went east in a Forty-second street car and then south on the Third avenue line.

At Houston street we got off and walked.

“We are now on the famous Bowery,” said Rivington; “the Bowery celebrated in song and story.”

We passed block after block of “gents’” furnishing stores—the windows full of shirts with prices attached and cuffs inside. In other windows were neckties and no shirts. People walked up and down the sidewalks.

“In some ways,” said I, “this reminds me of Kokomono, Ind., during the peach-crating season.”

Rivington was nettled.

“Step into one of these saloons or vaudeville shows,” said he, “with a large roll of money, and see how quickly the Bowery will sustain its reputation.”

“You make impossible conditions,” said I, coldly.

By and by Rivington stopped and said we were in the heart of the Bowery. There was a policeman on the corner whom Rivington knew.

“Hallo, Donahue!” said my guide. “How goes it? My friend and I are down this way looking up a bit of local colour. He’s anxious to meet one of the Bowery types. Can’t you put us on to something genuine in that line—something that’s got the colour, you know?”

Policeman Donahue turned himself about ponderously, his florid face full of good-nature. He pointed with his club down the street.

“Sure!” he said huskily. “Here comes a lad now that was born on the Bowery and knows every inch of it. If he’s ever been above Bleecker street he’s kept it to himself.”

A man about twenty-eight or twenty-nine, with a smooth face, was sauntering toward us with his hands in his coat pockets. Policeman Donahue stopped him with a courteous wave of his club.

“Evening, Kerry,” he said. “Here’s a couple of gents, friends of mine, that want to hear you spiel something about the Bowery. Can you reel ’em off a few yards?”

“Certainly, Donahue,” said the young man, pleasantly. “Good evening, gentlemen,” he said to us, with a pleasant smile. Donahue walked off on his beat.

“This is the goods,” whispered Rivington, nudging me with his elbow. “Look at his jaw!”

“Say, cull,” said Rivington, pushing back his hat, “wot’s doin’? Me and my friend’s taking a look down de old line—see? De copper tipped us off dat you was wise to de bowery. Is dat right?”

I could not help admiring Rivington’s power of adapting himself to his surroundings.

“Donahue was right,” said the young man, frankly; “I was brought up on the Bowery. I have been news-boy, teamster, pugilist, member of an organized band of ‘toughs,’ bartender, and a ‘sport’ in various meanings of the word. The experience certainly warrants the supposition that I have at least a passing acquaintance with a few phases of Bowery life. I will be pleased to place whatever knowledge and experience I have at the service of my friend Donahue’s friends.”

Rivington seemed ill at ease.

“I say,” he said—somewhat entreatingly, “I thought—you’re not stringing us, are you? It isn’t just the kind of talk we expected. You haven’t even said ‘Hully gee!’ once. Do you really belong on the Bowery?”

“I am afraid,” said the Bowery boy, smilingly, “that at some time you have been enticed into one of the dives of literature and had the counterfeit coin of the Bowery passed upon you. The ‘argot’ to which you doubtless refer was the invention of certain of your literary ‘discoverers’ who invaded the unknown wilds below Third avenue and put strange sounds into the mouths of the inhabitants. Safe in their homes far to the north and west, the credulous readers who were beguiled by this new ‘dialect’ perused and believed. Like Marco Polo and Mungo Park—pioneers indeed, but ambitious souls who could not draw the line of demarcation between discovery and invention—the literary bones of these explorers are dotting the trackless wastes of the subway. While it is true that after the publication of the mythical language attributed to the dwellers along the Bowery certain of its pat phrases and apt metaphors were adopted and, to a limited extent, used in this locality, it was because our people are prompt in assimilating whatever is to their commercial advantage. To the tourists who visited our newly discovered clime, and who expected a realization of their literary guide books, they supplied the demands of the market.

“But perhaps I am wandering from the question. In what way can I assist you, gentlemen? I beg you will believe that the hospitality of the street is extended to all. There are, I regret to say, many catchpenny places of entertainment, but I cannot conceive that they would entice you.”

I felt Rivington lean somewhat heavily against me.

“Say!” he remarked, with uncertain utterance; “come and have a drink with us.”

“Thank you, but I never drink. I find that alcohol, even in the smallest quantities, alters the perspective. And I must preserve my perspective, for I am studying the Bowery. I have lived in it nearly thirty years, and I am just beginning to understand its heartbeats. It is like a great river fed by a hundred alien streams. Each influx brings strange seeds on its flood, strange silt and weeds, and now and then a flower of rare promise. To construe this river requires a man who can build dykes against the overflow, who is a naturalist, a geologist, a humanitarian, a diver and a strong swimmer. I love my Bowery. It was my cradle and is my inspiration. I have published one book. The critics have been kind. I put my heart in it. I am writing another, into which I hope to put both heart and brain. Consider me your guide, gentlemen. Is there anything I can take you to see, any place to which I can conduct you?”

I was afraid to look at Rivington except with one eye.

“Thanks,” said Rivington. “We were looking up . . . that is . . . my friend . . . confound it; it’s against all precedent, you know . . . awfully obliged . . . just the same.”

“In case,” said our friend, “you would like to meet some of our Bowery young men I would be pleased to have you visit the quarters of our East Side Kappa Delta Phi Society, only two blocks east of here.”

“Awfully sorry,” said Rivington, “but my friend’s got me on the jump to-night. He’s a terror when he’s out after local colour. Now, there’s nothing I would like better than to drop in at the Kappa Delta Phi, but—some other time!”

We said our farewells and boarded a home-bound car. We had a rabbit on upper Broadway, and then I parted with Rivington on a street corner.

“Well, anyhow,” said he, braced and recovered, “it couldn’t have happened anywhere but in little old New York.”

Which to say the least, was typical of Rivington.

XXII GEORGIA’S RULING

If you should chance to visit the General Land Office, step into the draughtsmen’s room and ask to be shown the map of Salado County. A leisurely German—possibly old Kampfer himself—will bring it to you. It will be four feet square, on heavy drawing-cloth. The lettering and the figures will be beautifully clear and distinct. The title will be in splendid, undecipherable German text, ornamented with classic Teutonic designs—very likely Ceres or Pomona leaning against the initial letters with cornucopias venting grapes and wieners. You must tell him that this is not the map you wish to see; that he will kindly bring you its official predecessor. He will then say, “Ach, so!” and bring out a map half the size of the first, dim, old, tattered, and faded.

By looking carefully near its northwest corner you will presently come upon the worn contours of Chiquito River, and, maybe, if your eyes are good, discern the silent witness to this story.

The Commissioner of the Land Office was of the old style; his antique courtesy was too formal for his day. He dressed in fine black, and there was a suggestion of Roman drapery in his long coat-skirts. His collars were “undetached” (blame haberdashery for the word); his tie was a narrow, funereal strip, tied in the same knot as were his shoe-strings. His gray hair was a trifle too long behind, but he kept it smooth and orderly. His face was clean-shaven, like the old statesmen’s. Most people thought it a stern face, but when its official expression was off, a few had seen altogether a different countenance. Especially tender and gentle it had appeared to those who were about him during the last illness of his only child.

The Commissioner had been a widower for years, and his life, outside his official duties, had been so devoted to little Georgia that people spoke of it as a touching and admirable thing. He was a reserved man, and dignified almost to austerity, but the child had come below it all and rested upon his very heart, so that she scarcely missed the mother’s love that had been taken away. There was a wonderful companionship between them, for she had many of his own ways, being thoughtful and serious beyond her years.

One day, while she was lying with the fever burning brightly in her checks, she said suddenly:

“Papa, I wish I could do something good for a whole lot of children!”

“What would you like to do, dear?” asked the Commissioner. “Give them a party?”

“Oh, I don’t mean those kind. I mean poor children who haven’t homes, and aren’t loved and cared for as I am. I tell you what, papa!”

“What, my own child?”

“If I shouldn’t get well, I’ll leave them you—not _give_ you, but just lend you, for you must come to mamma and me when you die too. If you can find time, wouldn’t you do something to help them, if I ask you, papa?”

“Hush, hush dear, dear child,” said the Commissioner, holding her hot little hand against his cheek; “you’ll get well real soon, and you and I will see what we can do for them together.”

But in whatsoever paths of benevolence, thus vaguely premeditated, the Commissioner might tread, he was not to have the company of his beloved. That night the little frail body grew suddenly too tired to struggle further, and Georgia’s exit was made from the great stage when she had scarcely begun to speak her little piece before the footlights. But there must be a stage manager who understands. She had given the cue to the one who was to speak after her.

A week after she was laid away, the Commissioner reappeared at the office, a little more courteous, a little paler and sterner, with the black frock-coat hanging a little more loosely from his tall figure.

His desk was piled with work that had accumulated during the four heartbreaking weeks of his absence. His chief clerk had done what he could, but there were questions of law, of fine judicial decisions to be made concerning the issue of patents, the marketing and leasing of school lands, the classification into grazing, agricultural, watered, and timbered, of new tracts to be opened to settlers.

The Commissioner went to work silently and obstinately, putting back his grief as far as possible, forcing his mind to attack the complicated and important business of his office. On the second day after his return he called the porter, pointed to a leather-covered chair that stood near his own, and ordered it removed to a lumber-room at the top of the building. In that chair Georgia would always sit when she came to the office for him of afternoons.

As time passed, the Commissioner seemed to grow more silent, solitary, and reserved. A new phase of mind developed in him. He could not endure the presence of a child. Often when a clattering youngster belonging to one of the clerks would come chattering into the big business-room adjoining his little apartment, the Commissioner would steal softly and close the door. He would always cross the street to avoid meeting the school-children when they came dancing along in happy groups upon the sidewalk, and his firm mouth would close into a mere line.

It was nearly three months after the rains had washed the last dead flower-petals from the mound above little Georgia when the “land-shark” firm of Hamlin and Avery filed papers upon what they considered the “fattest” vacancy of the year.

It should not be supposed that all who were termed “land-sharks” deserved the name. Many of them were reputable men of good business character. Some of them could walk into the most august councils of the State and say: “Gentlemen, we would like to have this, and that, and matters go thus.” But, next to a three years’ drought and the boll-worm, the Actual Settler hated the Land-shark. The land-shark haunted the Land Office, where all the land records were kept, and hunted “vacancies”—that is, tracts of unappropriated public domain, generally invisible upon the official maps, but actually existing “upon the ground.” The law entitled any one possessing certain State scrip to file by virtue of same upon any land not previously legally appropriated. Most of the scrip was now in the hands of the land-sharks. Thus, at the cost of a few hundred dollars, they often secured lands worth as many thousands. Naturally, the search for “vacancies” was lively.

But often—very often—the land they thus secured, though legally “unappropriated,” would be occupied by happy and contented settlers, who had laboured for years to build up their homes, only to discover that their titles were worthless, and to receive peremptory notice to quit. Thus came about the bitter and not unjustifiable hatred felt by the toiling settlers toward the shrewd and seldom merciful speculators who so often turned them forth destitute and homeless from their fruitless labours. The history of the state teems with their antagonism. Mr. Land-shark seldom showed his face on “locations” from which he should have to eject the unfortunate victims of a monstrously tangled land system, but let his emissaries do the work. There was lead in every cabin, moulded into balls for him; many of his brothers had enriched the grass with their blood. The fault of it all lay far back.

When the state was young, she felt the need of attracting newcomers, and of rewarding those pioneers already within her borders. Year after year she issued land scrip—Headrights, Bounties, Veteran Donations, Confederates; and to railroads, irrigation companies, colonies, and tillers of the soil galore. All required of the grantee was that he or it should have the scrip properly surveyed upon the public domain by the county or district surveyor, and the land thus appropriated became the property of him or it, or his or its heirs and assigns, forever.

In those days—and here is where the trouble began—the state’s domain was practically inexhaustible, and the old surveyors, with princely—yea, even Western American—liberality, gave good measure and over-flowing. Often the jovial man of metes and bounds would dispense altogether with the tripod and chain. Mounted on a pony that could cover something near a “vara” at a step, with a pocket compass to direct his course, he would trot out a survey by counting the beat of his pony’s hoofs, mark his corners, and write out his field notes with the complacency produced by an act of duty well performed. Sometimes—and who could blame the surveyor?—when the pony was “feeling his oats,” he might step a little higher and farther, and in that case the beneficiary of the scrip might get a thousand or two more acres in his survey than the scrip called for. But look at the boundless leagues the state had to spare! However, no one ever had to complain of the pony under-stepping. Nearly every old survey in the state contained an excess of land.

In later years, when the state became more populous, and land values increased, this careless work entailed incalculable trouble, endless litigation, a period of riotous land-grabbing, and no little bloodshed. The land-sharks voraciously attacked these excesses in the old surveys, and filed upon such portions with new scrip as unappropriated public domain. Wherever the identifications of the old tracts were vague, and the corners were not to be clearly established, the Land Office would recognize the newer locations as valid, and issue title to the locators. Here was the greatest hardship to be found. These old surveys, taken from the pick of the land, were already nearly all occupied by unsuspecting and peaceful settlers, and thus their titles were demolished, and the choice was placed before them either to buy their land over at a double price or to vacate it, with their families and personal belongings, immediately. Land locators sprang up by hundreds. The country was held up and searched for “vacancies” at the point of a compass. Hundreds of thousands of dollars’ worth of splendid acres were wrested from their innocent purchasers and holders. There began a vast hegira of evicted settlers in tattered wagons; going nowhere, cursing injustice, stunned, purposeless, homeless, hopeless. Their children began to look up to them for bread, and cry.

It was in consequence of these conditions that Hamlin and Avery had filed upon a strip of land about a mile wide and three miles long, comprising about two thousand acres, it being the excess over complement of the Elias Denny three-league survey on Chiquito River, in one of the middle-western counties. This two-thousand-acre body of land was asserted by them to be vacant land, and improperly considered a part of the Denny survey. They based this assertion and their claim upon the land upon the demonstrated facts that the beginning corner of the Denny survey was plainly identified; that its field notes called to run west 5,760 varas, and then called for Chiquito River; thence it ran south, with the meanders—and so on—and that the Chiquito River was, on the ground, fully a mile farther west from the point reached by course and distance. To sum up: there were two thousand acres of vacant land between the Denny survey proper and Chiquito River.

One sweltering day in July the Commissioner called for the papers in connection with this new location. They were brought, and heaped, a foot deep, upon his desk—field notes, statements, sketches, affidavits, connecting lines—documents of every description that shrewdness and money could call to the aid of Hamlin and Avery.

The firm was pressing the Commissioner to issue a patent upon their location. They possesed inside information concerning a new railroad that would probably pass somewhere near this land.

The General Land Office was very still while the Commissioner was delving into the heart of the mass of evidence. The pigeons could be heard on the roof of the old, castle-like building, cooing and fretting. The clerks were droning everywhere, scarcely pretending to earn their salaries. Each little sound echoed hollow and loud from the bare, stone-flagged floors, the plastered walls, and the iron-joisted ceiling. The impalpable, perpetual limestone dust that never settled, whitened a long streamer of sunlight that pierced the tattered window-awning.

It seemed that Hamlin and Avery had builded well. The Denny survey was carelessly made, even for a careless period. Its beginning corner was identical with that of a well-defined old Spanish grant, but its other calls were sinfully vague. The field notes contained no other object that survived—no tree, no natural object save Chiquito River, and it was a mile wrong there. According to precedent, the Office would be justified in giving it its complement by course and distance, and considering the remainder vacant instead of a mere excess.

The Actual Settler was besieging the office with wild protests _in re_. Having the nose of a pointer and the eye of a hawk for the land-shark, he had observed his myrmidons running the lines upon his ground. Making inquiries, he learned that the spoiler had attacked his home, and he left the plough in the furrow and took his pen in hand.

One of the protests the Commissioner read twice. It was from a woman, a widow, the granddaughter of Elias Denny himself. She told how her grandfather had sold most of the survey years before at a trivial price—land that was now a principality in extent and value. Her mother had also sold a part, and she herself had succeeded to this western portion, along Chiquito River. Much of it she had been forced to part with in order to live, and now she owned only about three hundred acres, on which she had her home. Her letter wound up rather pathetically:

“I’ve got eight children, the oldest fifteen years. I work all day and half the night to till what little land I can and keep us in clothes and books. I teach my children too. My neighbours is all poor and has big families. The drought kills the crops every two or three years and then we has hard times to get enough to eat. There is ten families on this land what the land-sharks is trying to rob us of, and all of them got titles from me. I sold to them cheap, and they aint paid out yet, but part of them is, and if their land should be took from them I would die. My grandfather was an honest man, and he helped to build up this state, and he taught his children to be honest, and how could I make it up to them who bought from me? Mr. Commissioner, if you let them land-sharks take the roof from over my children and the little from them as they has to live on, whoever again calls this state great or its government just will have a lie in their mouths”

The Commissioner laid this letter aside with a sigh. Many, many such letters he had received. He had never been hurt by them, nor had he ever felt that they appealed to him personally. He was but the state’s servant, and must follow its laws. And yet, somehow, this reflection did not always eliminate a certain responsible feeling that hung upon him. Of all the state’s officers he was supremest in his department, not even excepting the Governor. Broad, general land laws he followed, it was true, but he had a wide latitude in particular ramifications. Rather than law, what he followed was Rulings: Office Rulings and precedents. In the complicated and new questions that were being engendered by the state’s development the Commissioner’s ruling was rarely appealed from. Even the courts sustained it when its equity was apparent.

The Commissioner stepped to the door and spoke to a clerk in the other room—spoke as he always did, as if he were addressing a prince of the blood:

“Mr. Weldon, will you be kind enough to ask Mr. Ashe, the state school-land appraiser, to please come to my office as soon as convenient?”

Ashe came quickly from the big table where he was arranging his reports.

“Mr. Ashe,” said the Commissioner, “you worked along the Chiquito River, in Salado County, during your last trip, I believe. Do you remember anything of the Elias Denny three-league survey?”

“Yes, sir, I do,” the blunt, breezy, surveyor answered. “I crossed it on my way to Block H, on the north side of it. The road runs with the Chiquito River, along the valley. The Denny survey fronts three miles on the Chiquito.”

“It is claimed,” continued the commissioner, “that it fails to reach the river by as much as a mile.”

The appraiser shrugged his shoulder. He was by birth and instinct an Actual Settler, and the natural foe of the land-shark.

“It has always been considered to extend to the river,” he said, dryly.

“But that is not the point I desired to discuss,” said the Commissioner. “What kind of country is this valley portion of (let us say, then) the Denny tract?”

The spirit of the Actual Settler beamed in Ashe’s face.

“Beautiful,” he said, with enthusiasm. “Valley as level as this floor, with just a little swell on, like the sea, and rich as cream. Just enough brakes to shelter the cattle in winter. Black loamy soil for six feet, and then clay. Holds water. A dozen nice little houses on it, with windmills and gardens. People pretty poor, I guess—too far from market—but comfortable. Never saw so many kids in my life.”

“They raise flocks?” inquired the Commissioner.

“Ho, ho! I mean two-legged kids,” laughed the surveyor; “two-legged, and bare-legged, and tow-headed.”

“Children! oh, children!” mused the Commissioner, as though a new view had opened to him; “they raise children!

“It’s a lonesome country, Commissioner,” said the surveyor. “Can you blame ’em?”

“I suppose,” continued the Commissioner, slowly, as one carefully pursues deductions from a new, stupendous theory, “not all of them are tow-headed. It would not be unreasonable, Mr. Ashe, I conjecture, to believe that a portion of them have brown, or even black, hair.”

“Brown and black, sure,” said Ashe; “also red.”

“No doubt,” said the Commissioner. “Well, I thank you for your courtesy in informing me, Mr. Ashe. I will not detain you any longer from your duties.”

Later, in the afternoon, came Hamlin and Avery, big, handsome, genial, sauntering men, clothed in white duck and low-cut shoes. They permeated the whole office with an aura of debonair prosperity. They passed among the clerks and left a wake of abbreviated given names and fat brown cigars.

These were the aristocracy of the land-sharks, who went in for big things. Full of serene confidence in themselves, there was no corporation, no syndicate, no railroad company or attorney general too big for them to tackle. The peculiar smoke of their rare, fat brown cigars was to be perceived in the sanctum of every department of state, in every committee-room of the Legislature, in every bank parlour and every private caucus-room in the state Capital. Always pleasant, never in a hurry, in seeming to possess unlimited leisure, people wondered when they gave their attention to the many audacious enterprises in which they were known to be engaged.

By and by the two dropped carelessly into the Commissioner’s room and reclined lazily in the big, leather-upholstered arm-chairs. They drawled a good-natured complaint of the weather, and Hamlin told the Commissioner an excellent story he had amassed that morning from the Secretary of State.

But the Commissioner knew why they were there. He had half promised to render a decision that day upon their location.

The chief clerk now brought in a batch of duplicate certificates for the Commissioner to sign. As he traced his sprawling signature, “Hollis Summerfield, Comr. Genl. Land Office,” on each one, the chief clerk stood, deftly removing them and applying the blotter.

“I notice,” said the chief clerk, “you’ve been going through that Salado County location. Kampfer is making a new map of Salado, and I believe is platting in that section of the county now.”

“I will see it,” said the Commissioner. A few moments later he went to the draughtsmen’s room.

As he entered he saw five or six of the draughtsmen grouped about Kampfer’s desk, gargling away at each other in pectoral German, and gazing at something thereupon. At the Commissioner’s approach they scattered to their several places. Kampfer, a wizened little German, with long, frizzled ringlets and a watery eye, began to stammer forth some sort of an apology, the Commissioner thought, for the congregation of his fellows about his desk.

“Never mind,” said the Commissioner, “I wish to see the map you are making”; and, passing around the old German, seated himself upon the high draughtsman’s stool. Kampfer continued to break English in trying to explain.

“Herr Gommissioner, I assure you blenty sat I haf not it bremeditated—sat it wass—sat it itself make. Look you! from se field notes wass it blatted—blease to observe se calls: South, 10 degrees west 1,050 varas; south, 10 degrees east 300 varas; south, 100; south, 9 west, 200; south, 40 degrees west 400—and so on. Herr Gommissioner, nefer would I have—”

The Commissioner raised one white hand, silently, Kampfer dropped his pipe and fled.

With a hand at each side of his face, and his elbows resting upon the desk, the Commissioner sat staring at the map which was spread and fastened there—staring at the sweet and living profile of little Georgia drawn thereupon—at her face, pensive, delicate, and infantile, outlined in a perfect likeness.

When his mind at length came to inquire into the reason of it, he saw that it must have been, as Kampfer had said, unpremeditated. The old draughtsman had been platting in the Elias Denny survey, and Georgia’s likeness, striking though it was, was formed by nothing more than the meanders of Chiquito River. Indeed, Kampfer’s blotter, whereon his preliminary work was done, showed the laborious tracings of the calls and the countless pricks of the compasses. Then, over his faint pencilling, Kampfer had drawn in India ink with a full, firm pen the similitude of Chiquito River, and forth had blossomed mysteriously the dainty, pathetic profile of the child.

The Commissioner sat for half an hour with his face in his hands, gazing downward, and none dared approach him. Then he arose and walked out. In the business office he paused long enough to ask that the Denny file be brought to his desk.

He found Hamlin and Avery still reclining in their chairs, apparently oblivious of business. They were lazily discussing summer opera, it being, their habit—perhaps their pride also—to appear supernaturally indifferent whenever they stood with large interests imperilled. And they stood to win more on this stake than most people knew. They possessed inside information to the effect that a new railroad would, within a year, split this very Chiquito River valley and send land values ballooning all along its route. A dollar under thirty thousand profit on this location, if it should hold good, would be a loss to their expectations. So, while they chatted lightly and waited for the Commissioner to open the subject, there was a quick, sidelong sparkle in their eyes, evincing a desire to read their title clear to those fair acres on the Chiquito.

A clerk brought in the file. The Commissioner seated himself and wrote upon it in red ink. Then he rose to his feet and stood for a while looking straight out of the window. The Land Office capped the summit of a bold hill. The eyes of the Commissioner passed over the roofs of many houses set in a packing of deep green, the whole checkered by strips of blinding white streets. The horizon, where his gaze was focussed, swelled to a fair wooded eminence flecked with faint dots of shining white. There was the cemetery, where lay many who were forgotten, and a few who had not lived in vain. And one lay there, occupying very small space, whose childish heart had been large enough to desire, while near its last beats, good to others. The Commissioner’s lips moved slightly as he whispered to himself: “It was her last will and testament, and I have neglected it so long!”

The big brown cigars of Hamlin and Avery were fireless, but they still gripped them between their teeth and waited, while they marvelled at the absent expression upon the Commissioner’s face.

By and by he spoke suddenly and promptly.

“Gentlemen, I have just indorsed the Elias Denny survey for patenting. This office will not regard your location upon a part of it as legal.” He paused a moment, and then, extending his hand as those dear old-time ones used to do in debate, he enunciated the spirit of that Ruling that subsequently drove the land-sharks to the wall, and placed the seal of peace and security over the doors of ten thousand homes.

“And, furthermore,” he continued, with a clear, soft light upon his face, “it may interest you to know that from this time on this office will consider that when a survey of land made by virtue of a certificate granted by this state to the men who wrested it from the wilderness and the savage—made in good faith, settled in good faith, and left in good faith to their children or innocent purchasers—when such a survey, although overrunning its complement, shall call for any natural object visible to the eye of man, to that object it shall hold, and be good and valid. And the children of this state shall lie down to sleep at night, and rumours of disturbers of title shall not disquiet them. For,” concluded the Commissioner, “of such is the Kingdom of Heaven.”

In the silence that followed, a laugh floated up from the patent-room below. The man who carried down the Denny file was exhibiting it among the clerks.

“Look here,” he said, delightedly, “the old man has forgotten his name. He’s written ‘Patent to original grantee,’ and signed it ‘Georgia Summerfield, Comr.’”

The speech of the Commissioner rebounded lightly from the impregnable Hamlin and Avery. They smiled, rose gracefully, spoke of the baseball team, and argued feelingly that quite a perceptible breeze had arisen from the east. They lit fresh fat brown cigars, and drifted courteously away. But later they made another tiger-spring for their quarry in the courts. But the courts, according to reports in the papers, “coolly roasted them” (a remarkable performance, suggestive of liquid-air didoes), and sustained the Commissioner’s Ruling.

And this Ruling itself grew to be a Precedent, and the Actual Settler framed it, and taught his children to spell from it, and there was sound sleep o’ nights from the pines to the sage-brush, and from the chaparral to the great brown river of the north.

But I think, and I am sure the Commissioner never thought otherwise, that whether Kampfer was a snuffy old instrument of destiny, or whether the meanders of the Chiquito accidentally platted themselves into that memorable sweet profile or not, there was brought about “something good for a whole lot of children,” and the result ought to be called “Georgia’s Ruling.”

XXIII BLIND MAN’S HOLIDAY

Alas for the man and for the artist with the shifting point of perspective! Life shall be a confusion of ways to the one; the landscape shall rise up and confound the other. Take the case of Lorison. At one time he appeared to himself to be the feeblest of fools; at another he conceived that he followed ideals so fine that the world was not yet ready to accept them. During one mood he cursed his folly; possessed by the other, he bore himself with a serene grandeur akin to greatness: in neither did he attain the perspective.

Generations before, the name had been “Larsen.” His race had bequeathed him its fine-strung, melancholy temperament, its saving balance of thrift and industry.

From his point of perspective he saw himself an outcast from society, forever to be a shady skulker along the ragged edge of respectability; a denizen _des trois-quarts de monde_, that pathetic spheroid lying between the _haut_ and the _demi_, whose inhabitants envy each of their neighbours, and are scorned by both. He was self-condemned to this opinion, as he was self-exiled, through it, to this quaint Southern city a thousand miles from his former home. Here he had dwelt for longer than a year, knowing but few, keeping in a subjective world of shadows which was invaded at times by the perplexing bulks of jarring realities. Then he fell in love with a girl whom he met in a cheap restaurant, and his story begins.

The Rue Chartres, in New Orleans, is a street of ghosts. It lies in the quarter where the Frenchman, in his prime, set up his translated pride and glory; where, also, the arrogant don had swaggered, and dreamed of gold and grants and ladies’ gloves. Every flagstone has its grooves worn by footsteps going royally to the wooing and the fighting. Every house has a princely heartbreak; each doorway its untold tale of gallant promise and slow decay.

By night the Rue Chartres is now but a murky fissure, from which the groping wayfarer sees, flung against the sky, the tangled filigree of Moorish iron balconies. The old houses of monsieur stand yet, indomitable against the century, but their essence is gone. The street is one of ghosts to whosoever can see them.

A faint heartbeat of the street’s ancient glory still survives in a corner occupied by the Café Carabine d’Or. Once men gathered there to plot against kings, and to warn presidents. They do so yet, but they are not the same kind of men. A brass button will scatter these; those would have set their faces against an army. Above the door hangs the sign board, upon which has been depicted a vast animal of unfamiliar species. In the act of firing upon this monster is represented an unobtrusive human levelling an obtrusive gun, once the colour of bright gold. Now the legend above the picture is faded beyond conjecture; the gun’s relation to the title is a matter of faith; the menaced animal, wearied of the long aim of the hunter, has resolved itself into a shapeless blot.

The place is known as “Antonio’s,” as the name, white upon the red-lit transparency, and gilt upon the windows, attests. There is a promise in “Antonio”; a justifiable expectancy of savoury things in oil and pepper and wine, and perhaps an angel’s whisper of garlic. But the rest of the name is “O’Riley.” Antonio O’Riley!

The Carabine d’Or is an ignominious ghost of the Rue Chartres. The café where Bienville and Conti dined, where a prince has broken bread, is become a “family ristaurant.”

Its customers are working men and women, almost to a unit. Occasionally you will see chorus girls from the cheaper theatres, and men who follow avocations subject to quick vicissitudes; but at Antonio’s—name rich in Bohemian promise, but tame in fulfillment—manners debonair and gay are toned down to the “family” standard. Should you light a cigarette, mine host will touch you on the “arrum” and remind you that the proprieties are menaced. “Antonio” entices and beguiles from fiery legend without, but “O’Riley” teaches decorum within.

It was at this restaurant that Lorison first saw the girl. A flashy fellow with a predatory eye had followed her in, and had advanced to take the other chair at the little table where she stopped, but Lorison slipped into the seat before him. Their acquaintance began, and grew, and now for two months they had sat at the same table each evening, not meeting by appointment, but as if by a series of fortuitous and happy accidents. After dining, they would take a walk together in one of the little city parks, or among the panoramic markets where exhibits a continuous vaudeville of sights and sounds. Always at eight o’clock their steps led them to a certain street corner, where she prettily but firmly bade him good night and left him. “I do not live far from here,” she frequently said, “and you must let me go the rest of the way alone.”

But now Lorison had discovered that he wanted to go the rest of the way with her, or happiness would depart, leaving, him on a very lonely corner of life. And at the same time that he made the discovery, the secret of his banishment from the society of the good laid its finger in his face and told him it must not be.

Man is too thoroughly an egoist not to be also an egotist; if he love, the object shall know it. During a lifetime he may conceal it through stress of expediency and honour, but it shall bubble from his dying lips, though it disrupt a neighbourhood. It is known, however, that most men do not wait so long to disclose their passion. In the case of Lorison, his particular ethics positively forbade him to declare his sentiments, but he must needs dally with the subject, and woo by innuendo at least.

On this night, after the usual meal at the Carabine d’Or, he strolled with his companion down the dim old street toward the river.

The Rue Chartres perishes in the old Place d’Armes. The ancient Cabildo, where Spanish justice fell like hail, faces it, and the Cathedral, another provincial ghost, overlooks it. Its centre is a little, iron-railed park of flowers and immaculate gravelled walks, where citizens take the air of evenings. Pedestalled high above it, the general sits his cavorting steed, with his face turned stonily down the river toward English Turn, whence come no more Britons to bombard his cotton bales.

Often the two sat in this square, but to-night Lorison guided her past the stone-stepped gate, and still riverward. As they walked, he smiled to himself to think that all he knew of her—except that he loved her—was her name, Norah Greenway, and that she lived with her brother. They had talked about everything except themselves. Perhaps her reticence had been caused by his.

They came, at length, upon the levee, and sat upon a great, prostrate beam. The air was pungent with the dust of commerce. The great river slipped yellowly past. Across it Algiers lay, a longitudinous black bulk against a vibrant electric haze sprinkled with exact stars.

The girl was young and of the piquant order. A certain bright melancholy pervaded her; she possessed an untarnished, pale prettiness doomed to please. Her voice, when she spoke, dwarfed her theme. It was the voice capable of investing little subjects with a large interest. She sat at ease, bestowing her skirts with the little womanly touch, serene as if the begrimed pier were a summer garden. Lorison poked the rotting boards with his cane.

He began by telling her that he was in love with some one to whom he durst not speak of it. “And why not?” she asked, accepting swiftly his fatuous presentation of a third person of straw. “My place in the world,” he answered, “is none to ask a woman to share. I am an outcast from honest people; I am wrongly accused of one crime, and am, I believe, guilty of another.”

Thence he plunged into the story of his abdication from society. The story, pruned of his moral philosophy, deserves no more than the slightest touch. It is no new tale, that of the gambler’s declension. During one night’s sitting he lost, and then had imperilled a certain amount of his employer’s money, which, by accident, he carried with him. He continued to lose, to the last wager, and then began to gain, leaving the game winner to a somewhat formidable sum. The same night his employer’s safe was robbed. A search was had; the winnings of Lorison were found in his room, their total forming an accusative nearness to the sum purloined. He was taken, tried and, through incomplete evidence, released, smutched with the sinister _devoirs_ of a disagreeing jury.