The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-03-31


nominal control over the public lands
adjacent thereto. And, since this was
a common practice, regarded as an
adroit business move but never as a
wanton usurpation of the public do
main, cattlemen and most sheepmen
had respected the Higuenes control.
For the grass on this controlled
range the Higuenes family paid moth
ing. To the states feeble charge of
| trespass by the Higuenes cattle. the
reigning Higuenes had always replied
with polite offer to bear half of the
expense of fencing the lands 1t held in
| fee contiguous to the state lands and
| thus prevent trespass. The state dis
| covered that the expense of many
miles of fence would not be war
ranted on the hypothesis that any
revenue would subsequently accrue
| by reason of the sale of grazing per-
| mits on the fenced lands of the state,
since. with the Higuenes family con-
trolling all the waterways and water
| holes. no man would be foolish enough
| to seek grazing permit! Pending
| the adjustment of this ancient dispute
| therefore. the matter slumbered off,
cially, and Don Jaime Miguel Higue-
contiguous to the water: also he
neglected to supply herders to con-
| fine his cattle to his fee lands. where
fore they wandered over the state
| lands at will
OF this situation willy old Tom An
trim had decided to take advantage.
His own range had been grazed over;
1t had been dry year in his part of
the county, he had the sheep on his
hands, they were not ready for mar
ket, nor was he ready to accept the
| market price for unmarketable sheep.
He had to maintain them, and in his
dilemma he turned quite naturally to
one of the earliest laws of human
nature, to wit, that desperate man
is justified in taking desperate
measures.
He was familiar with the law of
| trespass. If the owner of fee lands
did not fence them he could not prose
cute successfully the owner OF loose
live stock that wandered thereon
And Don Jaime Higuenes could not
afford 70 fence the small acreage
around springs and water-holes and
the narrow forty-acre strips along
watercourses, some of which went dry
in the summer. If he did his own live
stock could not get in for waterl
Ant ~ hn hrlf
risk, and that was a battle to keep
his sheep, not from trespassing on IN
fenced lands, but from drinking Don
james water. However, there were
many water-holes and many water
courses to guard, and perhaps Don
Jaime would not guard them all; per-
haps if Antrim appeared with a strong
armed guard of herders Don Jaime
would not force the issue.
These things Don Jaime Miguel
Higuenes considered as he gazed over
| the country that, by hook and crook,
had been sacred to four generations
of his people. He had but one real
advantage, one legal right. His fee
lands were unfenced and hence suit
for trespass could not lie, but he did
have the right to drive trespassing
live stock off his fee lands before they
should have an opportunity to drink.
If held off long enough they would
perish Of thirst, and if while driving
them off he and his men were at
tackled by the owners of the tres
passing live stock they would be
clearly within their legal rights If
they defended themselves.
Don Jaime smiled. "Thrice doubly
soliloquized. "Well, Senior Antrim
has the surprise of his life coming to
him this evening. He's staked every
thing on lone ace-and I'm going
to take the trick with a trump
deuce"
He decided to bear off to the right
and give the sheep and their herders
wide berth, for he had no intention
of coming to grips with the enemy
anywhere except on his own lands
and in defense of his inalienable
rights. So he turned down a long
draw to the valley below. At the
mouth of the draw he paused and
dismounted, for the long trip oownhin
had revealed the fact that his saddle
cinch was loose; it had slipped out
over the horses back withers.
Don Jaime removed saddle and
blanket. saw that there were no wrin-
kles in the blanket, and adjusted II
again to the horses back. He was
in the act of swinging the heavy stock
saddle up onto the animal when some
thing ripped across his breast. He
felt gentle plucking of his shirt, ex-
perienced feeling that he had been
burned. Then the crashing sound of
rifle echoed through the draw.
The thought flashed through Don
james agile brain, "Tom Antrim had
another trump. He's playing it."
With savage wrench ne jerked
Ken Hobart's rifle clear of the boot,
dropped the saddle and leaped for the
brush with the alacrity of frightened
rabbit. fusillade of bullets followed
him; before he could gain the shelter
of the reverse slope of the left of the
two spurs which formed the draw, he
had been hit three times. the last
wound dropping him headlong on his
| face.
The paralysis was but momentary,
however. He rolled couple of times.
half rose, lurched forward and rolled
again. When he reached dead"
ground, he rested few seconds. then
on his hands and knees crawled
around the toe of the spur; presently
he got TO his feet and limped slowly
and painfully up the hill fifty yards.
got down on his hands and knees. and