“This is a sightly place for a house, ain’t it?” he remarked. “I do’no—I really do’no but I’d like that knoll t’other side the river just as well, though, and it would be nigher the spring. I’ll speak to my wife about it; if she likes this spot better, why, here our house goes up. I shan’t object. We can move this contraption that your father built, back for a hen house, or a pig-pen; just as she says. I always try to please my wife.”
“When you get ready, perhaps you’ll kindly tell us what you are talking about, Mr. Horton,” Jessie said, rising from the sewing machine and going toward the door, whither I followed her.
“Tell you? Oh, yes, I forgot. Of course you girls can’t be expected to know—young as you be—that you can’t hold this claim. This claim was open for re-entry the day that your father was drowned. I wasn’t ready to take it up just then; I am ready now. Odd, ain’t it? I’ve been hearin’ some talk—my wife told me, in fact—that you girls had laid out to go down to the land office with your witnesses to offer final proof to-morrow; Well, now—he, he! That’s a reg’lar joke, for if you’ll believe it, to-morrow’s the day I’ve set to go down and file on this claim, ’count of it’s being vacant! I don’t s’pose, now, that you girls are reely in earnest about trying to keep the place? It would be a sight of trouble to you, even if the law would allow it, which it won’t.”
“Why not, Mr. Horton?” I asked.
“Why not? Wal’, I don’t know just why; I didn’t make the homestead laws—reasonable laws they be, though; I couldn’t ’a’ made better ones myself—but I can tell you two girls one big, fundamental clause, so to speak, of the Homestead Act, under which you don’t come—yes, two of ’em. First, foremost, and enough to swamp your whole outfit, if there was nothing else, you ain’t neither of you of age. Second, not being of age, you ain’t neither of you the head of a family.”
I looked at Mr. Horton’s bandaged hand, and a thrill of genuine delight went through me, as I hastened to dispute one of his fundamental clauses.
“Jessie is the head of a family, Mr. Horton—Ralph and I are her family.”
“Maybe! Maybe! I s’pose, no doubt, you regard yourselves in that light. No harm’s done, as long as you keep it to yourselves, but you’ll find that the law won’t recognize you in that way. The law’s everlastin’ partic’lar about such things. But, again, there’s the matter of your both being under age! Now, what a misfortune that is to you—s’posing that you’re in earnest about wanting to keep this place, but I reckon you ain’t—if you recollect, you two, I’ve always said that I’d have this place. It may save you some trouble and expense, if I say right here and now, that I mean to have it! I mean to have it! Don’t forget that! But I ain’t a hard man—not at all—and I’m willing to make it as easy as I can for you. Why, I could ’a’ filed on this any time since your pa died, but I didn’t, and why not?”
“If you ask me,” I said, speaking very quietly, though I was trembling with indignation, “I suppose you didn’t file on it because you thought it would be better to let us get a crop in before you did it; then you could steal the crop along with the place.”
“Leslie!” Jessie exclaimed, aghast.