CHAPTER XXXIV

THE TAKING OF THE CLAIM

Before six o'clock that morning, while Van was arousing the blacksmith, the reservation madness broke its bounds. Twenty-five hundred gold-blinded men made the rush for coveted grounds.

The night had been one long revel of drinking, gambling, and excitement. No one had slept in the reservation town—for no one had dared. Bawling, singing, and shouting, the jollier element had shamed the coyotes from the land. Half a thousand camp fires had flared all night upon the plain. The desert had developed an oasis of flowing liquors, glaring lights, and turmoil of life, lust, and laughter. Good nature and bitter antagonism, often hand in hand, had watched the night hours pale.

By daylight the "dead line" of the reservation boundary—the old, accepted line that all had acknowledged—resembled a thin, dark battle formation, ready for the charge. It was a heterogeneous array, where every unit, instead of being one of an army mobilized against a common foe, was the enemy of all the others, lined up beside him. There were men on foot, men on horses, mules, and burros, men in wagons, buckboards, and buggies, and men in automobiles.

At half-past five the pressure of greed became too great to bear. A few unruly stragglers, far down the line, no longer to be held in check, bent portions of the long formation inward as they started out across the land. The human stampede began almost upon the instant. Keepers on their horses, riding up and down, were swept away like chips before a flood. Scattering wildly over hill and plain, through gulches, swales, and canyons, the mad troop entered on the unknown field, racing as if for their lives.

Gettysburg, Napoleon, and Dave had watched for an hour the human hedge below the "Laughing Water" claim. They, too, had been up since daylight, intent upon seeing the fun. They had eaten their breakfast at half-past four. At a quarter of six they returned, to their shack and began at their daily work.

The cold mountain stream, diverted to the sluices, went purling down over the riffles. The drip from countless negligible leaks commenced in its monotony. Into the puddles of mud and water the three old miners sloshed, with shovels and picks in hand. They were tired before their work began. Gettysburg, at sixty-five, had been tired for twenty-five years. Nevertheless, he began his day with song, his cheery,

Rinktum bolly kimo.

They were only fairly limbered up when four active men appeared abruptly on the property, at the corners of the claim, and began the work of putting up white location posts, after knocking others down. They were agents employed by McCoppet, in behalf of Bostwick and himself.

Napoleon was the first to note their presence. He was calling attention to the nearest man when a fifth man appeared by the cabin. He, too, had a new location post, or stake, to be planted at the center of the claim. He was not only armed as to weapons, but protruding from his pocket was a wad of "legal" documents, more to be feared than his gun.

He came straight towards Gettysburg, walking briskly.

"Morning," he said. "I've come to notify you men to get off of this here claim. This ground belongs to me and my partners, by right of prior location—made right now."

He thrust his stake a little into the yielding sand and had posted a notice, made out in due form, before the wet old workers by the sluice could conclude that the man had lost his wits.

"What you givin' us, anyway?" said Gettysburg, remaining ankle-deep in the mud. "Don't you know this here is the 'Laughin' Water' claim, which was located proper——"

"This claim on the reservation," interrupted McCoppet's agent. "The line was run out yesterday, according to Government instructions, and the line takes in this ground." He continued at his work.

Napoleon got stirred up then and there.

"You're a liar!" he cried out recklessly, "—metaphorical speakin'. Belay there, my hearty. You and your dog-gone pirate craft——"

McCoppet himself, on horseback, came riding down the slope.

"That's enough from you!" interrupted the gambler's agent. "You and your crowd is liable for trespass, or Government prosecution, getting on the reservation land ahead of date. This ground belongs to me and my company, understand, with everything on it—and all the gold you've took out! And all you take away is your personal effects—and you take 'em and git, right now!"

"Now hold on," said Gettysburg, dazed by what he heard. "I seen that Government surveyor cuss. He said he was only running out a county line."

McCoppet took the case in hand, as he halted by the boxes.

"Now, boys, don't waste your time in argument," he said. "You've made a mistake, that's all. Take my advice and hike to the reservation now, before the gang stakes everything in sight. You can't go up against the law, and you've done too much illegal work already."

"Illegal?" cried Napoleon. "You're a liar, Opal. Ain't mad, are you? I've drunk at your saloon, and you know this claim belongs to Van and us!"

"Don't I say you've made a mistake?" repeated the gambler. "I don't hold any feelings about it. Nobody was on for a sure thing about the reservation line till Lawrence run it out. We had suspicions, from a study of the maps, but it took the Government surveyor to make the matter certain. It's a cinch you're on the reservation land. You can copper all your rights, and play to win the bet this claim belongs to me—and everything else that's any good. Now don't stop to talk. Go to Lawrence for Government facts—and git a-going pronto."

Gettysburg was pulling down his sleeves. Old age had suddenly claimed him for its own. The song had dried from his heart, and the light of his wonderful youth and hope departed from his eye. Dave was too stunned to think. All three felt the weight of conviction sink them in the chilling mire. The survey of the day before made doubt impossible.

Gettysburg looked at the boxes, the pits they had dug, the water running over the riffles, behind which lay the gold.

"I wish Van was to home," he said. "He'd know."

Their helplessness without the absent Van was complete. In the game of life they were just old boys who would never become mature.

"Van Buren couldn't do no good," McCoppet assured them. "This ain't a matter of wrangling or fighting; it's a matter of law. If the law ain't with us you'll get the property back. Van Buren would tell you the same. He didn't know the ground was reservation. We give him the benefit of that. But all the gold you've got on the place you'll have to leave with me. You never had no rights on the Government preserves, and I'm here ahead of all the bunch in staking it out at six o'clock, the legal opening hour."

Napoleon started to speak again, but glanced at Gettysburg instead. A bluff was useless, especially with Gettysburg looking so utterly defeated. From his tall, old partner, Napoleon looked at Dave.

"Can't we tack somewhere?" he said. "Couldn't we hold the wheel and wait fer Van?"

Gettysburg repeated: "I wish Van was to home."

"Come on, come on," McCoppet urged, beginning to lose his patience. "If you think you've got any rights, go to Lawrence and see. You're trespassing here. I don't want to tell you harsh to pack your duds and hunt another game, but you can't stay here no longer."

Gettysburg hesitated, then slowly came out of the water. He looked at the sluices hazily.

"Just gittin' her to pay," he said. "The only easy minin' I ever done."

Napoleon, suddenly dispirited—utterly dispirited—had nothing more to say. Slowly and in broken order the three old cronies wended towards the cabin. Less than an hour later, with all their meager treasure in worldly goods roped to the last of Dave's horses, they quitted the claim, taking Algy, the Chinese cook, along. They were homeless wanderers with no place in all the world to turn. Without Van they were utterly lost. They expected him to come that day to the cove. Therefore, on a desert spot, not far from the new reservation line, taking possession of a bit of hill so poor that no one had staked it, they made their camp in the sand and rocks, to await Van's pleasure in returning.