Nevertheless though a difference in deeper ethics, it did not extend to the surface of things by which men live. It explained; but did it excuse, especially in the eye of abstract ethics? Had not these men broken the law, and is not the upholding of the law important in its moral effect on those that follow?
"Just the same," he voiced this thought to California John, "the laws read then as they do to-day."
"On the books, yes," replied the old man, slowly; "but not in men's ideas. You got to remember that those fellows held pretty straight by what the law says. They got other men to take up the timber, and then had it transferred to themselves. That's according to law. A man can do what he wants with his own. You know."
"But the intention of the law is to give every man a----"
"That's what we go by now," interrupted California John.
"What other way is there to go by?"
"None—now. But in those days that was the settled way to get timber land. They didn't make any secret of it. They just looked at it as the process to go through with, like filing a deed, or getting two witnesses. It was a nuisance, and looked foolish, but if that was the way to do it, why they'd do it that way. Everybody knew that. Why, if a man wanted to get enough timber to go to operating on, his lawyer would explain to him how to do it; any of his friends that was posted would show him the ropes; and if he'd take the trouble to go to the Land Office itself, the clerk would say: 'No, Mr. Man, I can't transfer to you, personally, more'n a hundred and sixty acres, but you can get some of your friends to take it up for you.'[Footnote: A fact.] Now will you tell me how Mr. Man could get it any straighter than that?"
Bob was seeing a great light. He nodded.
"They've changed the rules of the game!" said California John impressively, "and now they want to go back thirty year and hold these fellows to account for what they did under the old rules. It don't look to me like it's fair."
He thought a moment.