Whirligigs

by O. Henry

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.