The Outlet [121]
a voice like the hiss of an adder, commanded peace, and the disorder instantly ceased.
The row had lasted only a few seconds. The opposing sides stood glaring daggers at each other, when the commissioner took occasion to administer a reproof to all parties concerned, referring to Texas in not very complimentary terms. Dave Sponsilier was the only one who had the temerity to offer any reply, saying, "Mr. Yank, I'll give you one hundred dollars if you'll point me out the grave of a man, woman, or child who starved to death in that state."
A short recess was taken, after which apologies followed, and the commissioner resumed the hearing. A Western lawyer, named Lemeraux, made a very plausible plea for the immediate acceptance of the tender of Field, Radcliff & Co. He admitted that the cattle, at present, were not in as good flesh' as his clients expected to offer them; that they had left the Platte River in fine condition, but had been twice quarantined en route. He was cautious in his remarks, but clearly intimated that had there been no other cattle in competition for delivery on this award, there might have been no quarantine. In his insinuations, the fact was adroitly brought out that the isolation of their herds, if not directly chargeable to Lovell and his men, had been aided and abetted by them, retarding the progress of his clients' beeves and forcing them to travel as fast as twenty-five miles a day, so that they arrived in a jaded condition. Had there been no interference, the tender of Field, Radcliff & Co. would have reached this post ten days earlier, and rest would soon have restored the cattle to their normal condition. In concluding, he boldly made the assertion that the condition of his client's tender of beef was the result of a conspiracy to injure one firm, that another drover might profit thereby; that right and justice could be conserved only by immediately making the decision final, and thus fearlessly silencing any and all imputations reflecting on the character of this government's trusted representatives.
The special commissioner assumed an air of affected dignity and announced that a conclusion had been arrived at. Turning to old man Don, he expressed the deepest regret that a civilian was beyond his power to punish, otherwise he would have cause to remember the affront offered himself; not that he personally cared, but the department of government which he had the honor to serve was jealous of its good name. Under the circumstances he could only warn him to be more guarded hereafter in choosing his language, and assured Lovdll that it was in his power to escort any offender off that military reservation. Pausing a moment, he resumed a judicial air, and summed up the situation:
"There was no occasion," said he, in an amiable mood, "to refer this incident to the War Department if the authorities here had gone about their work properly. Fortunately I was in Minneapolis adjusting some flour accounts, when I was ordered here by the quartermaster-general. Instead of attempting to decide who had the best tender of cattle, the one with the legal right alone should have been considered. Our department is perfectly familiar with these petty jealousies, which usually accompany awards of this class, and generally emanate from disappointed and disgruntled competitors. The point is well taken by counsel that the government does not anticipate the unforeseen, and it matters not what the loss may be from the rigors of winter, the contractor is exempt after the day of delivery. If the cattle were delayed en route, as has been asserted, and it was necessary to make forced drives in order to reach here within the specified time, all this should be taken into consideration in arriving at a final conclusion. On his reinstatement, I shall give the quartermaster of this post instructions, in receiving these cattle, to be governed, not so much by their present condition as by what they would have been had there been no interference. Now in behalf of the War Department, I declare the award to The Western Supply
The row had lasted only a few seconds. The opposing sides stood glaring daggers at each other, when the commissioner took occasion to administer a reproof to all parties concerned, referring to Texas in not very complimentary terms. Dave Sponsilier was the only one who had the temerity to offer any reply, saying, "Mr. Yank, I'll give you one hundred dollars if you'll point me out the grave of a man, woman, or child who starved to death in that state."
A short recess was taken, after which apologies followed, and the commissioner resumed the hearing. A Western lawyer, named Lemeraux, made a very plausible plea for the immediate acceptance of the tender of Field, Radcliff & Co. He admitted that the cattle, at present, were not in as good flesh' as his clients expected to offer them; that they had left the Platte River in fine condition, but had been twice quarantined en route. He was cautious in his remarks, but clearly intimated that had there been no other cattle in competition for delivery on this award, there might have been no quarantine. In his insinuations, the fact was adroitly brought out that the isolation of their herds, if not directly chargeable to Lovell and his men, had been aided and abetted by them, retarding the progress of his clients' beeves and forcing them to travel as fast as twenty-five miles a day, so that they arrived in a jaded condition. Had there been no interference, the tender of Field, Radcliff & Co. would have reached this post ten days earlier, and rest would soon have restored the cattle to their normal condition. In concluding, he boldly made the assertion that the condition of his client's tender of beef was the result of a conspiracy to injure one firm, that another drover might profit thereby; that right and justice could be conserved only by immediately making the decision final, and thus fearlessly silencing any and all imputations reflecting on the character of this government's trusted representatives.
The special commissioner assumed an air of affected dignity and announced that a conclusion had been arrived at. Turning to old man Don, he expressed the deepest regret that a civilian was beyond his power to punish, otherwise he would have cause to remember the affront offered himself; not that he personally cared, but the department of government which he had the honor to serve was jealous of its good name. Under the circumstances he could only warn him to be more guarded hereafter in choosing his language, and assured Lovdll that it was in his power to escort any offender off that military reservation. Pausing a moment, he resumed a judicial air, and summed up the situation:
"There was no occasion," said he, in an amiable mood, "to refer this incident to the War Department if the authorities here had gone about their work properly. Fortunately I was in Minneapolis adjusting some flour accounts, when I was ordered here by the quartermaster-general. Instead of attempting to decide who had the best tender of cattle, the one with the legal right alone should have been considered. Our department is perfectly familiar with these petty jealousies, which usually accompany awards of this class, and generally emanate from disappointed and disgruntled competitors. The point is well taken by counsel that the government does not anticipate the unforeseen, and it matters not what the loss may be from the rigors of winter, the contractor is exempt after the day of delivery. If the cattle were delayed en route, as has been asserted, and it was necessary to make forced drives in order to reach here within the specified time, all this should be taken into consideration in arriving at a final conclusion. On his reinstatement, I shall give the quartermaster of this post instructions, in receiving these cattle, to be governed, not so much by their present condition as by what they would have been had there been no interference. Now in behalf of the War Department, I declare the award to The Western Supply