The Dickinson Press had truth on its side when it uttered its wail that Medora needed housing facilities for the unruly. Medora had never had a jail. Little Missouri had had an eight by ten shack which one man, who knew some history, christened "the Bastile," and which was used as a sort of convalescent hospital for men who were too drunk to distinguish between their friends and other citizens when they started shooting. But a sudden disaster had overtaken the Bastile one day when a man called Black Jack had come into Little Missouri on a wrecking train. He had a reputation that extended from Mandan to Miles City for his ability to carry untold quantities of whiskey without showing signs of intoxication; but Little Missouri proved his undoing. The "jag" he developed was something phenomenal, and he was finally locked up in the Bastile by common consent. The train crew, looking for Black Jack at three in the morning, located him after much searching. But the Bastile had been built by the soldiers and resisted their efforts to break in. Thereupon they threw a line about the shack and with the engine hauled it to the side of a flatcar attached to the train. Then with a derrick they hoisted Little Missouri's only depository for the helpless inebriate on the flatcar and departed westward. At their leisure they chopped Black Jack out of his confinement. They dumped the Bastile over the embankment somewhere a mile west of town.
The collapse of the efforts of the champions of order to organize the county left the problem of dealing with the lawlessness that was rampant, as before, entirely to the impulse of outraged individuals. There was no court, no officer of the law. Each man was a law unto himself, and settled his own quarrels. The wonder, under such circumstances, is not that there was so much bloodshed, but that there was so little. There was, after all, virtue in the anarchy of the frontier. Personal responsibility was a powerful curb-bit.
In the Bad Lands, in June, 1884, there was a solid minority of law-abiding citizens who could be depended on in any crisis. There was a larger number who could be expected as a rule to stand with the angels, but who had friendly dealings with the outlaws and were open to suspicion. Then there was the indeterminate and increasing number of men whose sources of revenue were secret, who toiled not, but were known to make sudden journeys from which they returned with fat "rolls" in their pockets. It was to curb this sinister third group that Packard had attempted to organize the county. Failing in that project, he issued a call for a "mass meeting."
The meeting was duly held, and, if it resembled the conference of a committee more than a popular uprising, that was due mainly to the fact that a careful census taken by the editor of the Cowboy revealed that in the whole of Billings County, which included in its limits at that time a territory the size of Massachusetts, there lived exactly one hundred and twenty-two males and twenty-seven females. There was a certain hesitancy on the part even of the law-abiding to assert too loudly their opposition to the light-triggered elements which were "frisking" their horses and cattle. The "mass meeting" voted, in general, that order was preferable to disorder and adjourned, after unanimously electing Packard chief of police (with no police to be chief of) and the Marquis de Mores head of the fire department (which did not exist).
"I have always felt there was something I did not know back of that meeting," said Packard afterward. "I think Roosevelt started it, as he and I were agreed the smaller ranches were losing enough cattle and horses to make the difference between profit and loss. It was a constant topic of conversation among the recognized law-and-order men and all of us agreed the thieves must be checked. I don't even remember how the decision came about to hold the meeting. It was decided to hold it, however, and I gave the notice wide publicity in the Bad Lands Cowboy. I was never more surprised than when Merrifield nominated me for chief of police. Merrifield was a partner with Roosevelt and the Ferris boys in the Chimney Butte Ranch and I have always thought he and Roosevelt had agreed beforehand to nominate me."
Packard took up his duties, somewhat vague in his mind concerning what was expected of him. There was no organization behind him, no executive committee to give him instructions. With a large liberality, characteristic of the frontier, the "mass meeting" had left to his own discretion the demarcation of his "authority" and the manner of its assertion. His "authority," in fact, was a gigantic bluff, but he was not one to let so immaterial a detail weaken his nerve.
The fire department died stillborn; but the police force promptly asserted itself. Packard had decided to "work on the transients" first, for he could persuade them, better than he could the residents, that he had an organization behind him, with masks and a rope. From the start he made it a point not to mix openly in any "altercation," where he could avoid it, for the simple reason that the actual fighting was in most cases done by professional "bad men," and the death of either party to the duel, or both, was considered a source of jubilation rather than of regret. He devoted his attention mainly to those "floaters" whom he suspected of being in league with the outlaws, or who, by their recklessness with firearms, made themselves a public nuisance. He seldom, if ever, made an arrest. He merely drew his man aside and told him that "it had been decided" that he should leave town at once and never again appear in the round-up district of the Bad Lands. In no case was his warning disobeyed. On the few occasions when it was necessary for him to interfere publicly, there were always friends of order in the neighborhood to help him seal the exile in a box car and ship him east or west on the next freight. A number of hilarious disciples of justice varied this proceeding one evening by breaking open the car in which one of Packard's prisoners lay confined and tying him to the cowcatcher of a train which had just arrived. Word came back from Glendive at midnight that the prisoner had reached his destination in safety, though somewhat breathless, owing to the fact that the cowcatcher "had picked up a Texas steer on the way."
Packard's activity as chief of police had value in keeping the "floaters" in something resembling order; but it scarcely touched the main problem with which the law-abiding ranchmen had to contend, which was the extinction of the horse and cattle thieves.
To an extraordinary extent these thieves possessed the Bad Lands. They were here, there, and everywhere, sinister, intangible shadows, weaving in and out of the bright-colored fabric of frontier life. They were in every saloon and in almost every ranch-house. They rode on the round-ups, they sat around the camp-fire with the cowpunchers. Some of the most capable ranchmen were in league with them, bankers east and west along the railroad were hand in glove with them. A man scarcely dared denounce the thieves to his best friend for fear his friend might be one of them.
There were countless small bands which operated in western Dakota, eastern Montana, and northwestern Wyoming, each loosely organized as a unit, yet all bound together in the tacit fellowship of outlawry. The most tangible bond among them was that they all bought each other's stolen horses, and were all directors of the same "underground railway." Together they constituted not a band, but a "system," that had its tentacles in every horse and cattle "outfit" in the Bad Lands.