ish 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----"
He did not finish, but they all knew what he meant. He would be
obliged, in strict law, though perhaps not justice, to let the sheep
men come in on land that Mr. Merkel claimed under rights of former
laws, when he had taken them up after a government opening.
As has been said, legal matters in this sparsely settled part of the
United States were not as strictly enforced as in large cities. There
the loss of deeds could be made up by other evidence. But in the west
the papers were needed and without them, even though in possession,
there would be trouble to prove a claim.
"But if the sheep come, even though the court says they may, there'll
be another fight!" declared the ranchman, in spite of his lawyer's
efforts to keep him quiet.
It was two days after that when Nort started out of the ranch house one
early evening. There had been a consultation before he left, and when
he was ready to go he almost collided with Yellin' Kid, who e
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