CHAPTER XXII
THE "VIRGINIA CONSOLIDATED"
"According to miners' law of this gulch or any other district," wasdeclaring Sol, "when a party can't work a lode claim by reason of lackof water or proper machinery, they've a right to let it lie a certainlength of time; can go out, and come back to it again, in themeanwhile."
"Yes, mebbe so," returned the giant. "But they got to give theirintentions to the recorder, an' there ain't any such intentions onfile."
"There are, too--or there ought to be," contradicted Terry, freshlyexcited. "I told the recorder myself--didn't I, George? I told him whatwas the matter, and that we were going away, and I told him to recordthe claims, and he said he would till we got back."
"Oh, you did, did you!" rasped the giant. "That'll do for talk, butwhar's the proof?"
"When did you see the recorder, Terry?" asked his father.
"The very night before we left. He said the books were locked up, buthe'd remember."
"Sure he was the recorder?"
"Of course he was. He'd just been elected. He's the 'Root Hog or Die'professor. I know him and so does Harry."
"That's the man!" exclaimed Harry. "I'll go and get him." And away spedHarry.
"Furthermore and besides and notwithstanding, we've regularly boughtthis hyar property, and thar's the witness to the transaction,"continued the giant, pointing to George. "We paid the price and it'sbeen accepted, and when money has changed hands, that settles things."
Attracted by the dispute, other gulch people had begun to gather.
"That's right," pronounced two or three.
Terry felt his heart sink. Had he made a botch of the matter, with hishurry? George also was frightened, for he had paled.
"What property do you think you've bought, then?" demanded Sol.
"Everything: cabin and sluice and all. And you can't touch 'em."
"Where's the bill of sale?"
"We don't need any bill o' sale to put us in possession. We've paid themoney, an' hyar we air," replied Pine Knot Ike. "An' we're bad whenwe're riled. Nothin' riles us like bein' robbed, an' thar's nobody asbad as a man o' peace when once he's riled, stranger."
"But you couldn't buy that True Blue prospect," rapped Sol.
"Why not? We took what was offered. The two claims go together. Nothin'was said different."
"Why not? Because the Golden Prize and the True Blue aren't owned by thesame party; that's why. The True Blue's the property of this girlhere--has been transferred to her in due legal form, and her fatherholds it in trust for her, and these boys couldn't have sold it ifthey'd wanted to!"
"It _is_ mine," piped Virgie. "It's been given to me and it's writtendown and those mean men sha'n't touch it. They're getting it all wet!"
"Whar are your papers an' whar are your witnesses?" challenged thegiant.
"There's one witness," and Mr. Stanton pointed at George. "You heard thewords when the claim was given to Virgie, didn't you?" he asked.
"Yes, I did," affirmed George.
"And that other boy was one of the owners who agreed, and here comes thesecond former owner who signed the transfer for both."
"Down at Denver, before a notary public," panted Harry, arriving withthe "Root Hog or Die" professor. "And it's been recorded."
"That is true," nodded the "Root Hog or Die" professor. "And I doacknowledge that I was asked to record this other claim also, and that Iwas told of the intentions and reasons when it was temporarily leftunoccupied. I am responsible for there being no official memorandum, butI entirely forgot. However, the verbal agreement is sufficient. Iremember perfectly."
"That remains to be seen," growled the giant--who seemed to be thespokesman for the Pine Knot Ike party. "As for that other prospect, wedon't fight gals. It's a dry claim, anyhow; hasn't any water of its ownan' never will have. As for this claim we're standin' on, we'll keep it.It's been duly bought, paid for, an' it's workable, an' that's enough.Ain't I right, boys?" he appealed to the gathering crowd. "When money'spassed an' accepted, that binds the sale."
"YOU DARE TO LAY HAND ON THIS OR INTERFERE IN ANY WAY ANDI'LL SHOW YOU WHAT A CALIFORNY FORTY-NINER KNOWS ABOUT PROTECTINGPROPERTY"]
The crowd shifted and murmured. Plainly, they were not very approving ofthe Pine Knot Ike party methods, but they had a strong sense of legalrights.
"'Pears like it was a deal in good faith," remarked somebody.
"You claim that cabin and everything in it, do you?" inquired Sol.
"Yes, sir! Everything on this hyar ground--fixtures an' improvements,an' don't you touch a finger to 'em," boomed the giant. "You an' yourgal have got that dry prospect. Go over an' mine. Mebbe you can mine an'mebbe you can't, for you'll be drier'n ever as soon as we move thatsluice to whar it belongs."
"Haw, haw!" gibed Ike and the other man. "You can wait for a dew."
"No! You can wait for that sluice!" retorted Sol. He spurred his horseand in a jiffy was beside it. "You dare to lay hand on this or interferein any way and I'll show you what a Californy Forty-niner knows aboutprotecting property."
"Ain't that our sluice?"
"Not an inch, now. You claim the cabin and all improvements on thatother prospect--we claim the sluice and all improvements on thisprospect. I reckon what is sauce for the goose is sauce for the gander.This sluice is all on the True Blue ground."
"Hooray!" cheered the willing crowd.
"You'll have a sluice without water. Mebbe that's how they mine inCaliforny!" jeered Pine Knot Ike. "That thar water's ourn as soon as itcomes down the leetle draw ag'in. So we'll jest natterly turn it off onyou."
"Not by a jugful!" objected Sol. "That girl's filed on her water rightsin this little draw, when her claim was recorded." He ran rapid eyealong the Golden Prize surface. "And I reckon there doesn't any water gowith that other prospect, anyhow! I've an idee the hundred feet endsshort of the water."
"So have I," asserted Harry. "Give me room, gentlemen. Just to provethat my notion's correct I'll measure. That claim was only stepped off,in the beginning."
Harry fished a surveyor's tape from his pocket (evidently he had comeprepared) and from the first claim stake, near the cabin, measured thelength of the Golden Prize ground. The one hundred feet ended threeyards away from the little stream course!
"The two properties join, so that puts the natural water on the TrueBlue ground," triumphantly proclaimed Sol.
"Mebbe, when thar is water; but thar won't be any after we've started touse again on our other workin's up at the head," retorted the giant.
"You tried that once, but you can't do it a second time. We've filed ourrights on the water coming down this draw, and here it is, and byminers' law we're entitled to our share."
"So are we, then, by thunder!" shouted the giant. "As long as there'swater flowin' past, we're goin' to have some of it. That's miners' law,too. We can ditch some of it over----"
"No, you can't!" A new voice struck in, and a new figure appeared.Archie Smith! He held his side and panted for breath.
"What _you_ got to do with it? Why can't we?"
"Because you couldn't have bought this claim even if you paid over themoney. Do you want to sell? Do you want them for neighbors?" demandedArchie of Harry.
"We should say not!"
"Well, then," resumed Archie, panting, and addressing the Pine Knot Ikeparty, "you didn't buy the Golden Prize, because you couldn't. The boysdidn't own it. They wouldn't take it from me; they said they'd work itwhile I was gone, and now I'm back and I won't sell--to _you_. And Iorder you to get off."
Terry looked blankly at Harry, Harry smiled at Terry.
"That's so." And it was so, now that they thought.
"B' gorry, the same thing happened to me," announced the voice of PatCasey, "an' Oi lost me diggin's. Sure, it doesn't seem fair play--thoughOi'm a friend to the boys."
"It is fair play, in this case," asserted Sol. "You see, gentlemen," hesaid to the crowd, "these two boys, Harry and Terry, came in here andproceeded to work
this ground. They had the water and they hustled toput in a sluice, and were beginning to wash out pay dirt, when thosemean whelps, suspecting these prospects were richer than they looked tobe, turned off the water to which this ground naturally wasentitled--just hogged it, made the waste run the other way, to renderthese claims useless so they might either be jumped or bought for asong. The same whelps sneaked around, prospecting, until they locatedsome of the richest gold quartz you ever laid your eyes on; then theytold the boys the ground was no good, anyway--mostly pockets and barrenbed-rock, had no water, and all that sort of thing--and tried to get 'emto move, for $100. But the boys stuck, so as to pay off a debt. One ofthem sold pies and the other worked for a dollar and a half a day. Then,while they were temporarily absent, these whelps jumped both claims--andlook at the rock they've already taken out!"
"B' gorry, they ought to be hanged!" declared Pat Casey. "The lads arehonest lads, Oi'll say that for 'em. An' if somebody'll fetch arope----"
"No, no, gentlemen," appealed Sol, as the crowd began to surge angrily."When the dirty deal was started there was no law in the camp; but youhave laws now, and if those fellows want to fight we'll fight them withlaw. But they're licked, and they know it."
"Waal," conceded Pine Knot Ike, "if we're licked I reckon we're licked,an' no hard feelin's. We air men o' peace. We bought this hyar propertyin good faith, but bein' as the other party ain't satisfied we'll takeour hundred dollars in dust an' move off."
"Where's their dust, Terry?" asked Harry.
"Hold on a bit," objected Mr. Richards. "Hold on! How much gold havethey taken out already, since they jumped these prospects? They've beenrunning that sluice for at least a couple of days."
"We'll leave you that thar pile o' sluice tailin's; it's too coarse forwashin'," replied the giant. "And thar's a clean-up waitin', in thesluice. But you got to give us back the hundred dollars' purchase price,an' do it mighty quick."
"Don't rile us," warned Ike.
"I'll tell you what I'll do, Ike," spoke Harry. "We'll be fair. I'llwrestle you for that $100. If you throw me, you can have it, and if Ithrow you we can keep it. You've already got more than that out of thisground--but we want to be fair."
"Don't you do it, Harry!" protested Father Richards. "There's no need ofsuch foolishness."
"That's what I say," added Mr. Stanton. "We won't allow it."
"I know what I'm about," replied Harry, with a wink at Terry and Georgeand the breathless Archie.
"Young feller," solemnly said Ike, "I ekcept, ketch as ketch can, butkeep back your dog. I air a tough proposition in a wrestle, but I don'taim to come to grips with man and dog at the same time."
Harry alertly threw aside his hat and stepped forward; Ike did the like.
"David an' Goliath!" cheered the crowd; and indeed the match didresemble that, with Harry so slight and slim and the shaggy Ikeappearing to be a foot taller and a foot broader.
"Has he any show? Do you think he _can_ throw him?" whisperedArchie--referring, of course, to Harry.
"Sure he can," asserted Terry. "Can't he, George?"
"He usually does what he sets out to do," agreed George.
Now, arms half out-stretched and shoulders forward, Harry and Ike werecircling each other, in watchful, eager fashion. Ike rushed--"Look out,Harry!"--but Harry dodged. Ike rushed again; this time, quick as light,Harry darted to meet him, and they were locked--locked with arms andlegs, while they tugged and swayed and Ike grunted, and their bootscrunched upon the rocks and gravel.
"Harry's got the under hold!" gasped Terry.
"Yes, but Ike'll break him in two!" gasped George.
Virgie was crying and calling, Shep was barking, the spectators wereshouting all sorts of advice. And swallowed in Ike's great arms, Harryseemed quite helpless, simply clinging to Ike's waist, with his facepressed against Ike's shirt, and letting Ike dash him hither-thither,trying to upset him.
But somehow, Harry always landed on his feet. Once he was lifted clearin air--only to come down again with a thump. Twice he was lifted--thistime actually by the seat of the trousers! Ike tried to pull him in andbend him backwards, but Harry stiffened and bowed his back. Thensuddenly he did come in--but lightning fast, he side-stepped a little,thrust himself part way past Ike, stopped farther, and, shifting hisgrip to Ike's thighs, tilted and heaved.
Up rose Ike, pawing and kicking--up, a foot off the ground, and overHarry he shot, almost horizontal, like a diver from a spring-board, toplough the ground beyond with his shoulder.
"Ah!"
"Ah!"
"That war a trick!" scolded Ike, sitting up and rubbing his tousledhead.
"All right," answered Harry, panting and laughing. "We'll make it twofalls out of three, then. I've a couple more tricks."
"No, young feller," grumbled Ike, still rubbing his head. "I can wrestlea b'ar, but I ain't built for wrestlin' ary combination of eel an'alligator tail. If you're a schoolmaster, what'll you take to teach methat holt?"
"That's not for sale, either," laughed Harry. "But here's your sack ofdust. We don't want it, after all." Thus saying, he tossed over thebuckskin sack, and limped to get his hat from Terry.
So the result was that the Pine Knot Ike party left good-naturedly, andthe crowd dispersed good-naturedly, and the Golden Prize and the TrueBlue claims remained in undisputed possession of the victors; all ofwhich was better than threats of further row.
Harry shook hands with Archie. It was his first opportunity.
"Have you come back to stay? Hope so. It's your mine, you know--and it'sgoing to be a rich one; richer than you ever imagined, if that vein fromthe True Blue extends through. We'll help you work it while we'reworking the True Blue, but the True Blue's enough for us."
"I don't care. It's yours, just the same. I gave it to you once and Igive it to you again," insisted Archie. "This time I'll make out aregular transfer. I'm here just for a little visit, and then I'm goingback East to stay a while."
"Where'd you find Sol, Harry?" asked George.
"Down in Denver and Auraria. While I was dickering for Duke he turnedup. He'd been at Pike's Peak, and everywhere else. He turned up just intime."
"Isn't Mother coming? Don't I see Mother?" queried Terry of his father.
"We may send for her and George's mother after we get thingsstraightened out here. But you'll see her in Denver, anyway. You andHarry'll have to go down there for some clothes pretty soon. She wantsto see _you_ mighty bad."
"Is this rock gold rock? Doesn't look so. How do you know?"
"Sol says it is. Some of it, I mean. He knew as soon as he saw thatpiece Virgie brought down. And we're lucky that he's with us. He's anexpert."
Sol had been tramping about with a spade, scraping here and there onboth claims, and examining. He joined the group.
"There's considerable rotten quartz that can be sluiced, and probablysome loose dirt to be washed; but there's a thundering fine vein or loderunning right across. The best surface showing is on the True Blue,where that piece of rock came from, but I reckon that when we get downinto what those fellows pretended was the bed-rock on the Golden Prizewe'll find it just as rich. So part of us can be sluicing, while therest of us rig some sort of a contrivance to crush the quartz and washit with mercury, till a regular quartz mill is 'stablished near us." AndSol continued, using words and terms that only the men understood.
"Shucks!" acknowledged Terry. "We were looking for dirt; we didn't countthe rock." So he turned to George, who was lifting Virgie from her pony.
"You did it, Virgie, with your piece of quartz. Now you're going to berich."
"I don't want to be rich all alone," objected Virgie. "I don't want tobe any richer than you or George or Harry or Sol or--or anybody of us."
She looked as if she were about to weep over it!
"Of course not, Virgie," called Harry. "You won't have to be rich allalone. That's a miserable state. But you can share with your father andSol, and Terry and Father Richards and I have a mine, too, you know; a
ndjust to make sure that nobody'll be any richer than anybody else in thecrowd, we'll all join together and we'll name the company the VirginiaConsolidated!"
THE END
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