The Outlet, Andy Adams [best ebook reader android txt] 📗

grand mogul made his appearance. There was nothing striking about him, except his military bearing; he was rather young and walked so erect that he actually leaned backward a trifle. There was no prelude; he ordered certain tables rearranged, seated himself at one, and called for a copy of the original contract. The post adjutant had all the papers covering the situation in hand, and the copy was placed at the disposal of the special commissioner, who merely glanced at the names of the contracting parties, amount and date, and handed the document back. Turning to the table at which Lovell and his attorneys sat, he asked for the credentials under which they were tendering beeves at Fort Buford. The sub-contract was produced, some slight memorandum was made, and it was passed back as readily as was the original. The opposition were calmly awaiting a similar request, and when it came, in offering the papers, Congressman Y—— took occasion to remark: "Our tender is not only on a sub-contract, but that agreement is fortified by an assignment of the original award, by and between the War Department and The Western Supply Company. We rely on the latter; you will find everything regular."

The customary glance was given the bulky documents. Senator Aspgrain was awaiting the opportune moment to attack the assignment. When it came, the senator arose with dignity and, addressing the commissioner, attempted to enter a protest, but was instantly stopped by that high functionary. A frozen silence pervaded the room. "There is no occasion for any remarks in this matter," austerely replied the government specialist. "Our department regularly awarded the beef contract for this post to The Western Supply Company. There was ample competition on the award, insuring the government against exorbitant prices, and the required bonds were furnished for the fulfillment of the contract. Right then and there all interest upon the part of the grantor ceased until the tender was made at this post on the appointed day of delivery. In the interim, however, it seems that for reasons purely their own, the grantees saw fit to sub-let their contract, not once but twice. Our department amply protected themselves by requiring bonds, and the sub-contractors should have done the same. That, however, is not the matter at issue, but who is entitled to deliver on the original award. Fortunately that point is beyond question; an assignment of the original has always been recognized at the War Office, and in this case the holders of the same are declared entitled to deliver. There is only one provision,—does the article of beef tendered qualify under the specifications? That is the only question before making this decision final. If there is any evidence to the contrary, I am ready to hear it."

This afforded the opportunity of using Sanders as a witness, and Sutton grasped the opportunity of calling him to testify in regard to wintering Southern cattle in the North. After stating his qualifications as a citizen and present occupation, he was asked by the commissioner regarding his experience with cattle to entitle his testimony to consideration. "I was born to the occupation in Texas," replied the witness. "Five years ago this summer I came with beef cattle from Uvalde County, that State, to this post, and after the delivery, accepted a situation under the quartermaster here in locating and holding the government's beeves. At present I am foreman and have charge of all cattle delivered at or issued from this post. I have had five years' experience in wintering Texas cattle in this vicinity, and have no hesitancy in saying that it is a matter of the utmost importance that steers should be in the best possible flesh to withstand our winters. The losses during the most favorable seasons have averaged from one to five per cent., while the same cattle in a severe season will lose from ten to twenty-five, all depending on the condition of the stock with the beginning of cold weather. Since my connection with this post we have always received good steers, and our losses have been light, but above and below this military reservation the per cent. loss has run as high as fifty among thin, weak animals."

"Now, Mr. Sanders," said the special commissioner, "as an expert, you are testifying as to the probable loss to the government in this locality in buying and holding beef on its own account. You may now state if you have seen the tender of beef made by Field, Radcliff & Co., and if so, anticipating the worst, what would be the probable loss if their cattle were accepted on this year's delivery?"

"I was present at their inspection by the officers of this post," replied the witness, "and have no hesitancy in saying that should the coming one prove as hard a winter as '82 was, there would be a loss of fully one half these cattle. At least that was my opinion as expressed to the post commander and quartermaster at the inspection, and they agreed with me. There are half a dozen other boys here whose views on wintering cattle can be had—and they're worth listening to."

This testimony was the brutal truth, and though eternal, was sadly out of place. The opposition lawyers winced; and when Sutton asked if permission would be given to hear the testimony of the post commander and quartermaster, both familiar with the quality of cattle the government had been receiving for years, the commissioner, having admitted damaging testimony, objected on the ground that they were under suspension, and military men were not considered specialists outside their own vocation. Other competent witnesses were offered and objected to, simply because they would not admit they were experts. Taking advantage of the opening, Congressman Y—— called attention to a few facts in passing. This unfortunate situation, he said, in substance, was deeply regretted by his clients and himself. The War Department was to be warmly commended for sending a special commissioner to hear the matter at issue, otherwise unjust charges might have been preferred against old and honored officers in the service. However, if specialists were to be called to testify, and their testimony considered, as to what per cent. of cattle would survive a winter, why not call on the weather prophets to testify just what the coming one would be? He ridiculed the attestations of Sanders as irrelevant, defiantly asserting that the only question at issue was, were there five million pounds of dressed beef in the tender of cattle by Field, Radcliff & Co. He insisted on the letter in the bond being observed. The government bought cattle one year with another, and assumed risks as did other people. Was there any man present to challenge his assertion that the pounds quantity had been tendered?

There was. Don Lovell arose, and addressing the special commissioner, said: "Sir, I am not giving my opinion as an expert but as a practical cowman. If the testimony of one who has delivered over ninety thousand cattle to this government, in its army and Indian departments, is of any service to you, I trust you will hear me patiently. No exception is taken to your ruling as to who is entitled to deliver on the existing award; that was expected from the first. I have been contracting beef to this government for the past fifteen years, and there may be tricks in the trade of which I am ignorant. The army has always demanded the best, while lower grades have always been acceptable to the Indian Department. But in all my experience, I have never tendered this government for its gut-eating wards as poor a lot of cattle as I am satisfied that you are going to receive at the hands of Field, Radcliff & Co. I accept the challenge that there are not five million pounds of dressed beef in their tender to-day, and what there is would be a disgrace to any commonwealth to feed its convicts. True, these cattle are not intended for immediate use, and I make the counter-assertion that this government will never kill out fifty per cent. of the weight that you accept to-day. Possibly you prefer the blandishments of