And when, a little later, he had explained to Mr. Merkel and Sheriff, they clapped the lad on the back heartily and said:

"Go ahead! It's worth trying!"

Nort needed several days to perfect his plans for a daring excursion into the enemy's country, so to speak. But before he had completed his arrangements Del Pinzo, through some rascally lawyers, had gotten in the first blow of the legal battle.

As Mr. Merkel had said, he was summoned to court to defend his claim to the rich grazing lands of Spur Creek. If he had had his documents this would have been comparatively easy, but with the stealing of the deeds and other papers, the task was harder.

Of course Mr. Merkel engaged a lawyer, but the first skirmish resulted in victory for the sheep men. As had been surmised, Del Pinzo did not directly appear in the matter, though he was in court consulting with the lawyers engaged by the herders. And, as might have been expected, some of the claimants to rights under the new open range law were legal citizens of the United States and, as such, entitled to take up a certain amount of land.

"But they have no right to take Mr. Merkel's land!" said the ranchman's lawyer. "We grant that they have a right to pasture sheep, or even elephants, for that matter, on land they can rightfully claim. But they can't claim land already taken up and given over to the pasture of cattle. We recognize, Your Honor, that to the Court there is no difference between a sheep and a cow."

"You are right there," admitted the Judge, "and I suppose you are prepared, Mr. Bonnett, to substantiate your client's legal claim to this land by deeds and other papers."

"Unfortunately my client's deeds are missing," Mr. Bonnett had to admit, at which admission there was a grin from Del Pinzo, so Bud thought, at least. "But if we have time we can bring the necessary papers into court. Therefore we ask for delay."

"And we oppose delay, for the reason that our sheep are suffering from lack of fodder and we have a right to pasture them on the Spur Creek lands!" cried the opposing lawyer.

"I'll grant a week's postponement," decided the Judge. "If in that time, Mr. Bonnett, you can not file proof, I'm afraid——"