Arizona Jack cast a bleak glance out over the Yukon. It was a swollen, chocolate flood, running a mile wide and nobody knew how deep. The earth-bank on which he stood was ordinarily a dozen feet above the water, but the river was now growling at the top of the bank, devouring, instant by instant, tiny portions of the top-standing soil. These portions went into the gaping mouths of the endless army of brown swirls and vanished away. Several inches more, and Red Cow would be flooded.
“It won’t do,” Arizona Jack said bitterly. “Three days’ grub ain’t enough.”
“There was Manchester,” Marcus O’Brien replied gravely. “He didn’t get any grub.”
“And they found his remains grounded on the Lower River an’ half eaten by huskies,” was Arizona Jack’s retort. “And his killin’ was without provocation. Joe Deeves never did nothin’, never warbled once, an’ jes’ because his stomach was out of order, Manchester ups an’ plugs him. You ain’t givin’ me a square deal, O’Brien, I tell you that straight. Give me a week’s grub, and I play even to win out. Three days’ grub, an’ I cash in.”
“What for did you kill Ferguson?” O’Brien demanded. “I haven’t any patience for these unprovoked killings. And they’ve got to stop. Red Cow’s none so populous. It’s a good camp, and there never used to be any killings. Now they’re epidemic. I’m sorry for you, Jack, but you’ve got to be made an example of. Ferguson didn’t provoke enough for a killing.”
“Provoke!” Arizona Jack snorted. “I tell you, O’Brien, you don’t savve. You ain’t got no artistic sensibilities. What for did I kill Ferguson? What for did Ferguson sing ‘Then I wisht I was a little bird’? That’s what I want to know. Answer me that. What for did he sing ‘little bird, little bird’? One little bird was enough. I could a-stood one little bird. But no, he must sing two little birds. I gave ’m a chanst. I went to him almighty polite and requested him kindly to discard one little bird. I pleaded with him. There was witnesses that testified to that.
“An’ Ferguson was no jay-throated songster,” some one spoke up from the crowd.
O’Brien betrayed indecision.
“Ain’t a man got a right to his artistic feelin’s?” Arizona Jack demanded. “I gave Ferguson warnin’. It was violatin’ my own nature to go on listening to his little birds. Why, there’s music sharps that fine-strung an’ keyed-up they’d kill for heaps less’n I did. I’m willin’ to pay for havin’ artistic feelin’s. I can take my medicine an’ lick the spoon, but three days’ grub is drawin’ it a shade fine, that’s all, an’ I hereby register my kick. Go on with the funeral.”
O’Brien was still wavering. He glanced inquiringly at Mucluc Charley.
“I should say, Judge, that three days’ grub was a mite severe,” the latter suggested; “but you’re runnin’ the show. When we elected you judge of this here trial court, we agreed to abide by your decisions, an’ we’ve done it, too, b’gosh, an’ we’re goin’ to keep on doin’ it.”
“Mebbe I’ve been a trifle harsh, Jack,” O’Brien said apologetically—“I’m that worked up over those killings; an’ I’m willing to make it a week’s grub.” He cleared his throat magisterially and looked briskly about him. “And now we might as well get along and finish up the business. The boat’s ready. You go and get the grub, Leclaire. We’ll settle for it afterward.”
Arizona Jack looked grateful, and, muttering something about “damned little birds,” stepped aboard the open boat that rubbed restlessly against the bank. It was a large skiff, built of rough pine planks that had been sawed by hand from the standing timber of Lake Linderman, a few hundred miles above, at the foot of Chilcoot. In the boat were a pair of oars and Arizona Jack’s blankets. Leclaire brought the grub, tied up in a flour-sack, and put it on board. As he did so, he whispered—“I gave you good measure, Jack. You done it with provocation.”
“Cast her off!” Arizona Jack cried.
Somebody untied the painter and threw it in. The current gripped the boat and whirled it away. The murderer did not bother with the oars, contenting himself with sitting in the stern-sheets and rolling a cigarette. Completing it, he struck a match and lighted up. Those that watched on the bank could see the tiny puffs of smoke. They remained on the bank till the boat swung out of sight around the bend half a mile below. Justice had been done.
The denizens of Red Cow imposed the law and executed sentences without the delays that mark the softness of civilization. There was no law on the Yukon save what they made for themselves. They were compelled to make it for themselves. It was in an early day that Red Cow flourished on the Yukon—1887—and the Klondike and its populous stampedes lay in the unguessed future. The men of Red Cow did not even know whether their camp was situated in Alaska or in the North-west Territory, whether they drew breath under the stars and stripes or under the British flag. No surveyor had ever happened along to give them their latitude and longitude. Red Cow was situated somewhere along the Yukon, and that was sufficient for them. So far as flags were concerned, they were beyond all jurisdiction. So far as the law was concerned, they were in No-Man’s land.
They made their own law, and it was very simple. The Yukon executed their decrees. Some two thousand miles below Red Cow the Yukon flowed into Bering Sea through a delta a hundred miles wide. Every mile of those two thousand miles was savage wilderness. It was true, where the Porcupine flowed into the Yukon inside the Arctic Circle there was a Hudson Bay Company trading post. But that was many hundreds of miles away. Also, it was rumoured that many hundreds of miles farther on there were missions. This last, however, was merely rumour; the men of Red Cow had never been there. They had entered the lone land by way of Chilcoot and the head-waters of the Yukon.
The men of Red Cow ignored all minor offences. To be drunk and disorderly and to use vulgar language were looked upon as natural and inalienable rights. The men of Red Cow were individualists, and recognized as sacred but two things, property and life. There were no women present to complicate their simple morality. There were only three log-cabins in Red Cow—the majority of the population of forty men living in tents or brush shacks; and there was no jail in which to confine malefactors, while the inhabitants were too busy digging gold or seeking gold to take a day off and build a jail. Besides, the paramount question of grub negatived such a procedure. Wherefore, when a man violated the rights of property or life, he was thrown into an open boat and started down the Yukon. The quantity of grub he received was proportioned to the gravity of the offence. Thus, a common thief might get as much as two weeks’ grub; an uncommon thief might get no more than half of that. A murderer got no grub at all. A man found guilty of manslaughter would receive grub for from three days to a week. And Marcus O’Brien had been elected judge, and it was he who apportioned the grub. A man who broke the law took his chances. The Yukon swept him away, and he might or might not win to Bering Sea. A few days’ grub gave him a fighting chance. No grub meant practically capital punishment, though there was a slim chance, all depending on the season of the year.
Having disposed of Arizona Jack and watched him out of sight, the population turned from the bank and went to work on its claims—all except Curly Jim, who ran the one faro layout in all the Northland and who speculated in prospect-holes on the sides. Two things happened that day that were momentous. In the late morning Marcus O’Brien struck it. He washed out a dollar, a dollar and a half, and two dollars, from three successive pans. He had found the streak. Curly Jim looked into the hole, washed a few pans himself, and offered O’Brien ten thousand dollars for all rights—five thousand in dust, and, in lieu of the other five thousand, a half interest in his faro layout. O’Brien refused the offer. He was there to make money out of the earth, he declared with heat, and not out of his fellow-men. And anyway, he didn’t like faro. Besides, he appraised his strike at a whole lot more than ten thousand.