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 Lovell 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 Company,