Duff smiled. “I think that would be an excellent idea, ’n ’tis a good mon you are, Mr. Emerson, for to be thinking of such a thing.”
* * *
Two days later, an item of interest to everyone in the Valley of the Chug appeared in the Chugwater Defender newspaper.
AN OPEN LETTER.
To Whom It May Concern:
I, BRAD HOUSER, owner of the TWIN PEAKS RANCH, by these presents make this public pronouncement.
I have filed a claim with the General Land Office and now hold deeded possession of the Pine Flats, as well as all water access on the previously open range land along Blue Elder Creek, Fox Creek, and Horse Creek. As a result of a change of status in the property herein described, and to which I hold exclusive title, no one shall be allowed to water their cattle at the aforementioned places without my specific consent.
Any livestock that may, whether under control, or by free migratory, violate this restricted area, shall be subject to seizure and acquisition by Twin Peaks Ranch.
Two days after the announcement appeared in the newspaper, Jim Spivey and his brother-in-law, Cecil, moved 118 head of Hereford down to Horse Creek.
“Look at ’em drink,” Cecil said. “They’re a bunch of thirsty little devils, ain’t they?”
“Yes. I don’t understand how the Wahite Ditch has dried up,” Spivey said. “In all the time I’ve been here, it ain’t never been dry.”
“Damn, Jim, that’s why,” Cecil said. “Look over there.”
The object of Cecil’s attention was a dam, built across the Wahite Ditch, just as it branched off from Horse Creek.
“Who the hell would do somethin’ like that?” Spivey asked.
“I’ll get it tore down just real quick,” Cecil said, taking his rope from the hook on his saddle.
“Cecil, wait,” Spivey called. “There’s a bunch of men comin’.”
Cecil, with his rope in hand, rode back to be alongside Spivey.
“I wonder what they want,” Spivey said.
“That feller in the lead is Harris. I’ve seen ’im in town. He’s supposed to be some kindly of a sheriff or somethin’.”
“What are you men doing here?” Shamrock asked gruffly.
“Hell, it ought not to be that hard for you to figure out,” Spivey said. “I’m waterin’ my cows.”
Shamrock smiled, though there was no humor in it. “Uh-uh. You’re waterin’ Twin Peaks cows.”
“What do you mean, Twin Peaks cows?” Spivey said angrily. “Check the brands, you’ll see that they are my cows.”
“You’ve brung ’em onto Twin Peaks land, ’n my brother has done put a notice in the paper saying that any cows that come onto his land can be confiscated,” Shamrock said.
“This isn’t Twin Peaks land, this is open range.”
“Not ’ny more it ain’t. This land has been filed on ’n now belongs to Twin Peaks.”
“You can’t just claim land ’n say it’s yours. You have to improve upon it,” Spivey said. “I know that, ’cause that’s how I got my own land.”
Shamrock pointed to the dam that had stopped water from flowing through the Wahite Ditch.
“There’s the improvement, right there,” he said with a cackling laugh.
“Improvement? What kind of improvement is that? You’ve stopped all the water from going to my land!” Spivey said angrily.
“Yeah, we have, haven’t we? But, like I said, these ain’t your cows no more, so you don’t actual have no need for water now.”
“All right, I’ll take my cows ’n leave, but you ain’t goin’ to get away with this.”
“I told you, they ain’t your cows no more.” Shamrock pointed to the badge on his shirt. “’N seein’ as I’m a captain in the governor’s territorial deputies, we’ll be takin’ ’em now.”
“The hell you will !” Cecil shouted, reaching for his pistol.
Shamrock and two of the men with him were ready for just such a reaction, and all three off them shot Cecil, knocking him from the saddle.
“Cecil!” Spivey shouted.
Shamrock made a motion with his pistol. “Pick ’im up, ’n get ’im outta here.”
* * *
Sheriff Sharpie shook his head. “I’m afraid there’s nothing I can do about it, Jim,” he said to Spivey. “There are four witnesses who swear that Cecil drew first. Is that true?”
“Well, yeah, he did draw first, but he was just trying to protect our property. Harris stole my entire herd, Sheriff.”
Sheriff Sharpie sighed. “I’m lookin’ into that. I’ve checked the land claims, and they are legitimate. And there was a notice put in the paper that any trespassing livestock was subject to seizure. Harris, bein’ a governor’s deputy ’n all, is authorized to confiscate any cows that come onto the land.”
“That ain’t in no way fair, Sheriff,” Spivey said.
“I admit that it don’t seem fair,” Sheriff Sharpie said. “But, Jim, this is somethin’ that you should fight out in court, not the way Cecil did. Look what happened. He got himself killed, and you lost a friend as well as your herd.”
* * *
Jim Spivey wasn’t the only one to lose his herd. Ed Chambers lost his herd as well. Of all the ranches in the valley, Sky Meadow was the most favorably situated, as it was watered by Bear Creek, Little Bear Creek, and the Chugwater River itself. Duff let it be known to any rancher who had a need for water, that they could bring their cattle onto Sky Meadow for water.
Ethan Terrell’s ranch, the Diamond T, was also on the Chugwater River, and Terrell let it be known that he would allow others to use his ranch as well.
None of the larger ranches had been hurt by Houser’s acquisition of the open range, for the same streams that flowed through his land, also flowed through theirs.
Chapter Thirty
When Percy Gaines returned to Chugwater with his new bride, he was blissfully unaware of the tension gripping the valley.
