There would have been bloodshed then. Now tears only flowed; silent tears of helpless discouragement; of a presentiment of impending desolation.

Sadly Dona Josefa and her daughters had witnessed from the half-closed shutters of their bedroom windows Mr. Darrell's performance, and fully anticipated serious trouble therefrom.

Don Mariano Alamar, Gabriel and Victoriano-his two sons-had also silently witnessed Mr. Darrell's _lawful_ appropriation of their own property. Gabriel was pale and calm. Victoriano was biting his lips, and his face was flushed.

"The government has for sale hundreds of millions of acres, but yet these men must come and take my land, as if there was no other," said Don Mariano, sadly.

"And as we pay the taxes on the land that they will cultivate, our taxes will double next year," Gabriel added.

"Undoubtedly. That climax to injustice has been the most fatal of all the hardships imposed upon us. George could not believe me when I told him that we (the land-owners) have to pay the taxes on the land cultivated by the pre-emptors, and upon all the improvements they make and enjoy. When he at last understood that such unfair laws did exist, he was amazed, but understood then why the settlers wished to prolong litigation, since it is '_the natives_' who must bear the burden of taxation, while the titles are in the courts, and thus the pre-emptors hold the land free."

"I wish we were squatters," Victoriano remarked.

"During litigation, yes; but there have been cases where honest men have, in good faith, taken lands as squatters, and after all, had to give them up. No, I don't blame the squatters; they are at times like ourselves, victims of a wrong legislation, which unintentionally cuts both ways. They were set loose upon us, but a law without equity recoils upon them more cruelly. Then we are all sufferers, all victims of a defective legislation and subverted moral principles."

CHAPTER IV.-_Efforts to Right the Wrong._

Darrell was not the man to make any delay in putting into practice a project, when once adopted. He therefore immediately wrote home saying that he "had located," and wished Clarence to come down as soon as home matters permitted it. All the crops must be in first, so that Everett and Webster could take care of the farm when Clarence left. They had two good farm hands and a man to take care of the dairy, but still, Darrell made his boys give their personal attention to all the work on the farm.

He wrote to Clarence that he would build a small house quickly, which afterwards could be used for the hired men, and would wait until he came down to begin building their dwelling house. That he would level the ground for the house, sink a couple of wells and put up two windmills, the running stream not being sufficient.

"I think I had better buy the lumber for the house up here and charter a schooner to send it down," Clarence said to his mother, after reading his father's letter.

"Did he say anything to you about the condition of the title?" Mrs.

Darrell asked.

"Not a word. I suppose the land is vacant," Clarence replied. Mrs.

Darrell shook her head, as if in doubt.

"I want you to see to that, before there is any house built in which I shall be expected to reside," she said. "The first thing you do when you get there is to inquire whether the land has been finally rejected and there is no litigation for it. If there is, I want you to pay for it to the owner. And if he will not or cannot sell, write to me at once."

"Very well, mother, I shall do as you say, and I assure you I do not wish father to take up any land claimed by any one under a Mexican title. I think those Spanish people ought to be allowed to keep the land that their government gave them. We ought not to have made any laws that would place their titles in a bad light and be questioned. We should have accepted the legality they had before their own Mexican government, without making some other legality requisite, to please ourselves,"

Clarence said.

"That has always been my opinion, but I have failed to convince your father. However, with our combined efforts, we might dissuade him from his present way of thinking," said Mrs. Darrell.

Clarence would not be able to leave home for a few weeks yet. In the meantime, his father had not been idle, he had lost no time in carrying out his plans, and shortly after making his "location" in the manner described, he had several men engaged in different employments at his place. When he had already begun building the small house, of which he spoke in his letter to Clarence, Don Mariano, accompanied by his two sons, rode up to the place where he was then superintending his workmen.

"Good morning, Mr. Darrell," said Don Mariano.

"Good morning," Darrell answered, laconically.

"Can I speak a few words with you?"

"Certainly," he said, going a few steps nearer.

"I see you have taken up some land here, and I suppose you think it is government land, but if so, you are misinformed. This land belongs to me," Don Mariano said.

"Why is it reported rejected then? I have seen the law report, stating that your title was rejected."

"Yes, I know that such is the case. For some mistake or other the entry was made placing my title in the list of those rejected, but I assure you that it is a mistake. My title is now before the attorney general in Washington, because, having been approved, the settlers took an appeal.

If the attorney general sustains the appeal, I suppose he will remand the case for a new trial, but I have reasons to suppose he will dismiss the appeal and affirm the decision of the District Court in my favor."

"We will see about that," Darrell said.

"Undoubtedly we will; meantime I thought it was best to undeceive you, and give you warning that you are building on my land."

"Your land if you get it," was the answer.

"If you knew the condition of my title I don't think that you would doubt that this land is mine. However, all I wish to do is to prevent you from spending money here and then naturally get into litigation with me to defend your property," said Don Mariano.

Darrell thought of his wife, and her earnest injunctions. He wished to keep his promise to her. He said:

"If the courts say that this land rightfully belongs to you, I shall pay you for your land or vacate."

"But, Mr. Darrell, you will get me into litigation with you, and I wish to avoid that."

"No, I shall not get you into any law suit with me. I shall buy your land or leave."

"Very well, Mr. Darrell, I shall rely on your word. I shall remember what you say; please do the same."

"I am not in the habit of forgetting what I say."

Don Mariano and his two sons lifted their hats, bowed slightly, turned their horses' heads and moved off.

Darrell returned their bow, muttering to himself, "They take off their hats and bow like gentlemen, anyway."

While he was talking with Don Mariano, Mathews, Hughes, Gasbang, Miller and Pittikin had come. They heard all that was said and looked disappointed. They evidently had counted upon Darrell to help them to fight the rightful owner.

"Did I understand you to say to the Don that you will not maintain your claim, if the attorney general dismisses our appeal?" asked Gasbang.

"I don't know what you understood, or what you did not understand. What I said was that if the Don's title is decided to be right and legal, I shall not contest it. Why should I, if the land is his? I came here to take up government land, believing his title was rejected. He says it is not."

"He lies; it was rejected," Gasbang said.

"That is why we appealed," Mathews added.

"Very well; we will wait. For my part, I think that if his title was rejected he will find it hard to get it back," said Darrell.

The fact of his going on with his building ought to have been sufficient proof to the other settlers that he had cast his lot with them. But it was not. They feared that at any time he might pay the Don for his land, and cease to be one of them; cease to be a "_squatter_." These doubts, these fears, were the perennial theme of endless discussion with the settlers of Alamar.

With date of February 14, 1872, the Honorable Legislature of California passed a law "_To protect agriculture, and to prevent the trespassing of animals upon private property in the County of Los Angeles, and the County of San Diego, and parts of Monterey County_."

In the very first section it recited, that "every owner _or occupant_ of land, _whether it is enclosed or not_," could take up cattle found in said land, etc., etc. It was not stated to be necessary that the _occupant_ should have a good title. All that was required seemed to be that he should _claim to be an occupant_ of land, no matter who was the owner.

Before this law came out, Don Mariano had already had a great deal of trouble with the squatters, who kept killing his cattle by the hundred head at times. After this law passed, he had the additional annoyance of having to pay money for the release of cattle taken up by _occupants_ who would not fence their ten-acre crops. Thus, the alternative was, that if cattle were not taken up, he was sure to find them shot dead by some invisible hand. He had hoped that the Legislature would pass a law saying that "unless _occupants_ of land put fences around their fields, they would not be authorized to take up cattle." But, instead of this, the above-mentioned law was enacted.