It was thus that the social compact was first set on in the valley of Heart's Desire.

A vast steaming fragrance arose from the bowl which stood at the head of the table. In the home of the girl from Kansas there was light, warmth, comfort, joy. It was Christmas, after all.

"By the great jumpin' Jehossophat!" said Tom Osby, "them's _our_ oysters!"

"And to think," mused Dan Anderson, softly, as we turned away,--"we _fried_ ours!"

CHAPTER III

TRANSGRESSION AT HEART'S DESIRE

_Beginning the Cause Celebre which arose from Curly's killing the Pig of the Man from Kansas_

A great many abdomens have been injured in the pastime known as the "double roll." Especially has this been the case with persons not native to the land of Heart's Desire or the equivalent thereof. Even those born to the manner, and possessed of the freedom of a vast landscape whose every particular was devoted to the behoof of any man seized with a purpose of attaining speed and efficiency with firearms, did not always reach that smoothness and precision in the execution of this personal manoeuvre which alone could render it safe to themselves or impressive to the beholder. The owner of this accomplishment was never apt to find himself much crowded with company, in the way either of partic.i.p.ants or spectators. Yet the art was a simple and harmless one, pertaining more especially to youth, enthusiasm, and the fresh air of high alt.i.tudes, which did ever evoke saltpetreish manifestations.

The evolution of the "double roll" is executed by taking a six-shooter--let us hope not one of those pitiful toys of the East--upon each forefinger, each weapon so hanging balanced on the trigger-guard and the trigger itself that it shall be ready to turn about the finger as upon a pivot, and shall be ready for instant discharge, the thumb c.o.c.king the weapon as it turns; yet so that it shall none the less be discharged only when the muzzle of the weapon is pointed away from the operator's person and not toward it.

It is best for the ambitious to begin this little sport with an empty weapon. Thus one will readily observe that the click of the hammer is all too often heard before the whirl of the gun is fairly under way, and while the muzzle is pointed midway of the operator's person; the weight of the heavy gun being commonly sufficient to pull back the trigger and so discharge the piece. When the ambitious soul has learned to do this "roll" with one empty gun, he may try it with two empty guns. If he finds it possible thus to content himself, it will perhaps be all the better for him. To stand upright, with a gun in each hand, even an empty gun, and so revolve the same while its own cylinder is revolving, is not wholly easy, though when one has finally gotten both hemispheres of his brain into accord with his forefingers, he will ever thereafter be able to understand fully the double revolution of the earth upon its axis and around the sun; provided always that he is able to perform the "double roll" without hitch or break, pulling right and left forefinger alternately and rapidly until he has heard what in his tentative case must be a series of six double clicks.

This performance with an empty six-shooter is but a pale and spiritless form of the sport of high alt.i.tudes. Instead there should be twelve reports, so closely sequent as to sound as one string of explosion.

Thus executed the game is a fine one, the finer for being risky. So to stand erect, with an eight-inch Colt in either hand, each arm at full length, one gun shooting joyously down the centre of the street of your chosen town, the other shooting as cheerfully up the same street--to do this actually, with bark of powder and attending puffs of dust cut--this is indeed delightsome when the heart is full of red blood, and the chest swells with charged wine o' life, and the eyes gleam and the muscles harden for very search of some endeavor immediate and difficult! It is the more delightsome when this moment of man-frenzy finds one in such a town as was this of Heart's Desire; where, indeed, a man could do precisely as he pleased; where it was not accounted wrong or ill-balanced to claim the whole street for a half moment or so of a cloudless morning, and so to ease one's self of the pressure of the joy of living. To own this little world, to live free of touch or taint of control or guidance, to be brother to the mountains, cousin of the free sky--to live in Heart's Desire and be a man--ah! would that were possible for all of us to-day! Were it so, then a.s.suredly we should exult and take unto ourselves all the privileges of the domain, perhaps even to the extent of attempting the "double roll."

Curly's wooing of the Littlest Girl, sped apace by his unrighteous appropriation of our can of oysters, in which he had held no fee simple, but only an individual and indeterminate interest, had prospered beyond all just deserts of a red-headed cow puncher with a salary of forty-five dollars a month. He had already, less than two months after the installation of the new postmaster, announced to his friends his forthcoming nuptials, and ever since the setting of the happy date had comported himself with an air of ownership of the town and a mere tolerance of its inhabitants.

Perhaps, if we were each and every one of us a prospective bridegroom, as was Curly upon this morning in question, we should be all the more persuaded to execute the "double roll" in mid-street, as proof to the public that all was well. Perhaps, also, if there should thus appear to any of us, adown street upon either hand, an object moving slowly, pausing, resuming again across the line of gun-vision its slow advance--ah! tell me, if that slow-moving object crossing the bridegroom's joyous aim were a pig,--a grunting, fat, conceited pig,--arrogating to itself much of that street wherefrom one's fellow-citizens had for a moment of grave courtesy withdrawn--tell me, if you were a bridegroom, soon to be happy, and if you could do the "double roll" with loaded guns and no danger to your bowels, and if while so engaged you should see within easy range this black, sleek pig, with its tail curled tightly, egotistically, contemptuously, over its back, what, as a man, would you do? What, as a man, _could_ you do in a case like that, in a land where there was no law, where never a court had sat, where never such a thing as a case at law had been known? Consider, what would be the abstract right and justice of this matter, repeating that you were a bridegroom and twenty-three, and that the air was molten wine and honey mingled, and that this pig--but then, the matter is absurd! There is but one answer. It was right--indeed, it was inevitable--that Curly should shoot the pig; because in the first place it had intruded upon his pastime, and because in the second place he felt like it.

And yet over this act, this simple, inevitable act of justice, arose the first law case ever known in Heart's Desire, a cause which shook that community to the centre of its being, and for a time threatened its very continuance. Ah, well! perhaps the time had come. Perhaps the sun was now to set over all the valleys of Heart's Desire. Perhaps this was the beginning of the end. The law, they say, must have its course. It had its course in Heart's Desire.

But not without protest, not without struggle. There were two factions from the start. Strange to say, that most bitterly opposed to Curly was headed by no less a person than his own intended father-in-law, the man from Leavenworth. It was his pig. The rest of us had lived at Heart's Desire for a considerable time, but there had hitherto seemed no need for law. Order we already had in so far as order is really needed; though the importance of order, or indeed the importance of law, is a matter very much overrated. No man at Heart's Desire ever dreamed of locking his door. His horse might doze saddled in the street if he liked. No man spoke in rudeness or coa.r.s.eness to his neighbor, as do men in the cities where they have law. No man did injustice to his neighbor, for fair play and an even chance were G.o.ds in the eyes of all, eikons above each pinon-burning hearth in all that valley of content. The speech of man was grave and gentle, the movements of man were easy and unhurried; neither did any man work by rule, or by clock, or by order. There was no such thing as want or hunger; for did temporary poverty encompa.s.s one, was there not always the house of Uncle Jim Brothers, and could not one there hang up his gun behind the door and so obtain credit for an indefinite length of time, ent.i.tling him to eat at table with his peers? Had there been such a thing as families in Heart's Desire, be sure such a thing as a woman or child engaged in any work had been utterly unknown. It was a land of men, big, grave, sufficient men, each with a gun upon his hip, and sometimes two, guaranty of peace and calm and content. And any man who has ever lived in a Land Before the Law knows that this is the only fit way of life. Alas! that this scheme, this great, happy simple, perfect scheme of society should be subverted. And, be it remembered, this was by reason of nothing more than a pig, an artless, lissom pig, it is true; an infrequent, somewhat prized, a little petted and perhaps spoiled pig, it is true; yet, after all, no fit cause of elemental strife.

But now came this man from Leavenworth, fresh from litigious soil, bearing with him in his faded blue army overcoat germs of civilization, seeds of discontent. He wailed aloud that the pride of the community, meaning this pig, which he had brought solitary in a box at the tail of the wagon when he moved in, was now departed; that there was naught left to distinguish this community from any other camp in the mountains; that the pig had been the light of his home, the apple of his eye, the pride of the community; that he had entertained large designs in connection with this pig the following fall; that its taking off was a shame, an outrage, a disgrace, an act utterly illegal, and one for which any man in Kansas would promptly have had the law of his neighbor.

Hitherto the "double roll," even in connection with a curly-tailed black pig, had not been considered actionable in Heart's Desire; but the outcry made by this man from Leavenworth, now the postmaster of the town and in some measure a leader in the meetings of the population, began to attract attention. It began to play upon the nicely attuned instrument of Public Spirit. What, indeed, asked the community gravely, was to separate Heart's Desire in the eye of Eastern Capital, from any other camp in the far Southwest? Once the town could claim a pig, which no other camp of that district could do. Now it could do so no more forever. This began to put a different look upon the face of things.

"It seems like the ole man took it some hard," said Curly, lighting a _cigarrillo_. "He don't seem to remember that I was due to be a member of the family right soon, same as the pig. I don't like to think I'm shy when it comes to comparison with a shoat. Gimme time, and I reckon I could take the place of the pig in my new dad's affections. But I say deliberate that pigs has got no call to be in a cow country, not none, unless salted. Say, can't we salt this one?

Then, who's the worse _off_ for it? What's all this furse about, anyway?"

"That's right, Curly," said Dan Anderson, who stood with hands in pockets and pipe in mouth, leaning against the door-jamb in front of his "law office." "You have enunciated a great principle of law in that statement. They have got to prove damages. Moreover, you have got a counter-claim. It's laceratin' to be compared to a shoat."

"And me just goin' to be married," said Curly.

"Sure, it ain't right."

"Andersen," said I, moving up to the group, "did you ever hear of such things as champerty and maintenance? The first thing you know, you'll get disbarred for stirring up litigation."

"Keep away from my client," said Dan Anderson, grinning. "You're jealous of my professional success, that's all. Neither of us has had a case yet, and now that it looks like I was going to get one, you're jealous. Do you want to pa.s.s up the first lawsuit ever held in the county? Come now, I'm bored to death. Let's have some fun."

Curly began to shift uneasily on his feet. His hat went still farther back on his red, kinky curls.

"Law!" said he. "Law! You don't mean--" For the first time in his life Curly grew pale. "Why, I'll clean out the hull bunch!" he said, the red surging back in his face and his hand instinctively going to his gun.

"No, you won't," said Dan Anderson. "Do you want to bust up your marriage with the girl from Kansas?"

"Sho'!" said Curly, and fell thoughtful. "This looks bad," said he; "mighty bad." He sat down and began to think. I do not doubt that Dan Anderson at that moment was a disgrace to his profession, though later he honored it. He winked at me.

"Don't you tamper with my client," said he; and then resumed to Curly; "What you need is a lawyer. You've got to have legal advice. It happens that the full bar of Heart's Desire is now present talking to you. Take your pick. I've got a mighty good idea which is the best lawyer of this bar, but I wouldn't tell you for the world that I'm the one. Take your pick. Here's the whole legal works of the town, us two. Try the Learned Counsel on my right."

"Law!" said Curly. "Why--law--lawyers! Then who--say, now, I'll _pay_ for the pig. I didn't mean nothing, no way."

Then Dan Anderson rose to certain heights. "You can't settle it that way," said he. "That's too easy. Oh, you can pay for the _pig_ easy enough; but how about the majesty of the law? Where is the peace and dignity of the commonwealth to come in? This is criminal. Nope, you choose. You need a lawyer."

"You--you-all got me _locoed_," said Curly, nervously. "Law! Why, I don't want no law. There ain't never been no co'te set here. Down to the county-seat, over to Lincoln, that's all right; but here--why, they don't _want_ no law here. Besides, I can't choose between you two fellers. I like you both. You're both white men. Ef you could rope and shoot better, I could git either one of you a job cowpunchin' any day, and that's a heap better'n practisin' law. I couldn't make no choice between you fellers. Say, I'll have you _both_." This with a sudden illumination of countenance.

"That would be unconst.i.tutional," said Dan Anderson, solemnly, "and against public policy as well. That would be cornering the whole legal supply of the community, Curly, and it wouldn't leave anybody for the prosecution."

"Sho'!" said Curly. Then suddenly he added: "There's the old man.

Don't you never doubt he'd prosecute joyful. And there never was a man from Kansas didn't know some law. Why, onct, down on the Brazos--"

"He can't act as attorney-at-law," said Anderson. "He's never been admitted to the bar. Say, you flip a dollar."

The thought of chance-taking appealed to Curly. He flipped the dollar.

"Heads, me," said Dan Anderson; and so it fell. That young man smiled blithely. "We'll skin 'em, Curly," said he. "You'll be as free as air in less'n a week."

"Now," said Dan Anderson to me, "it's all right thus far. Next we have got to get a Justice of the Peace, and then we've got to get the prisoner arrested."

"'Rested!" said Curly. "Who? Me?"

"Of course," drawled his newly const.i.tuted attorney. "Didn't you kill the pig? You just hang around for a little, for when we need you, we don't want to have to hunt all over the country."

"All right," said Curly, dubiously.

"Where's Blackman?" said Dan Anderson, again addressing me. "We have got to have a judge, or we can't have any trial. Come on and let's hunt him up. Curly, don't you run away, mind. You trust to me, and I'll get you clear, and get you married, both."

"All right," said Curly again, "I'll just sornter down to the Lone Star, and when you-all want me I'll be in there, either takin' a drink or playin' a few kyards."

"Let's get Blackman now," said Curly's lawyer. Blackman was the duly const.i.tuted Justice of the Peace in and for Heart's Desire. n.o.body knew precisely when or how he had been elected, and perhaps indeed he never was elected at all. There must be a beginning for all things.

The one thing certain as to Blackman was that he had once been a Justice of the Peace back in Kansas, which fact he had not been slow to announce upon his arrival in Heart's Desire. Perhaps from this arose the local custom of calling him Judge, and perhaps from his wearing the latter t.i.tle arose the supposition that he really was a judge. The records are quite silent as to the origin of his tenure of office. The office itself, as has been intimated, had hitherto been one purely without care. At every little shooting sc.r.a.pe or other playfulness of the male population Blackman, Justice of the Peace, became inflated with importance and looked monstrous grave. But nothing ever came of these little alarms, so that gradually the inflations grew less and less extensive. They might perhaps have ceased altogether had it not been for this malignant zeal of Dan Anderson, formerly of Princeton, and now come, hit or miss, to grow up with the country.

Blackman was ever ready enough for a lawsuit, forsooth pined for one.

Yet what could he do? He could not go forth and with his own hands arrest chance persons and hale them before his own court for trial.

The sheriff, when he was in town, simply laughed at him, and told his deputies not to mix up with anything except circuit-court matters, murders, and more especially horse stealings. Constable there was none; and policeman--it is to wonder just a trifle what would have happened to any such thing as a policeman or town marshal in the valley of Heart's Desire! In short, there was neither judicial nor executive arm of the law in action. One may, therefore, realize the hindrances which Dan Anderson met in getting up his lawsuit. Yet he went forward in the attempt patiently, driven simply by ennui. He did not dream that he was doing something epochal.

Blackman, Justice of the Peace, was sitting in the office of the _Golden Age_ when we found him, reading the exchanges and offering gratuitous advice to the editor. He was a shortish man, thick in body, with spa.r.s.e hair and hay-colored, ragged mustache. His face was florid, his pale eyes protruded. He was a wise-looking man, excellently well suited in appearance for the office which he filled.

We explained to him our errand. Gradually, as the sense of his own new importance dawned upon him, he began to swell, apparently until he a.s.sumed a bulk thrice that which he formerly possessed. His spine straightened rigidly; a solemn light came into his eye; a cough that fairly choked with wisdom echoed from his throat. It was a great day for Blackman, J. P.