t 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 hadand 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 guteating 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 a lobbyist to the opinion of a practical cowman like Sanders。 That's your privilege。 You refuse to allow us to show the relationship between The Western Supply Company and the present holders of its assignment； and in doing so I charge you with being in collusion with these contractors to defraud the government！〃
〃You're a liar！〃 shouted Congressman Y； jumping to his feet。 The only reply was a chair hurled from the hand of Sutton at the head of the offender； instantly followed by a rough house。 Several officers present sprang to the side of the special commissioner； but fortunately refrained from drawing revolvers。 I was standing at some distance from the table； and as I made a lunge forward； old man Don was hurled backward into my arms。 He could not whip a sick chicken； yet his uncontrollable anger had carried him into the general melee and he had been roughly thrown out by some of his own men。 They didn't want him in the fight； they could do all that was necessary。 A number of soldiers were present； and while the officers were frantically commanding them to restore order； the scrap went merrily on。 Old man Don struggled with might and main； cursing me for refusing to free him； and when one of the contractors was knocked down within easy reach； I was half tempted to turn him loose。 The 〃major…domo〃 had singled out Sponsilier and was trying issues with him； Bob Quirk was dropping them right and left； when the deposed commandant sprang upon a table； and in a voice like the hiss of an adder； commanded peace； and the disorder instantly ceased。
The row had lasted only a few seconds。 The opposing sides stood glaring daggers at each other； when the commissioner took occasion to administer a reproof to all parties concerned； referring to Texas in not very complimentary terms。 Dave Sponsilier was the only one who had the temerity to offer any reply； saying； 〃Mr。 Yank； I'll give you one hundred dollars if you'll point me out the grave of a man； woman； or child who starved to death in that state。〃
A short recess was taken； after which apologies followed； and the commissioner resumed the hearing。 A Western lawyer； named Lemeraux； made a very plausible plea for the immediate acceptance of the tender of Field； Radcliff & Co。 He admitted that the cattle； at present； were not in as good flesh' as his clients expected to offer them； that they had left the Platte River in fine condition； but had been twice quarantined en route。 He was cautious in his remarks； but clearly intimated that had there been no other cattle in competition for delivery on this award； there might have been no quarantine。 In his insinuations； the fact was adroitly brought out that the isolation of their herds； if not directly chargeable to Lovell and his men； had been aided and abetted by them； retarding the progress of his clients' beeves and forcing them to travel as fast as twenty…five miles a day； so that they arrived in a jaded condition。 Had there been no interference； the tender of Field； Radcliff & Co。 would have reached this post ten days earlier； and rest would soon have restored the cattle to their normal condition。 In concluding； he boldly made the assertion that the condition of his client's tender of beef was the result of a conspiracy to injure one firm； that another drover might profit thereby； that right and justice could be conserved only by immediately making the decision final； and thus fearlessly silencing any and all imputations reflecting on the character of this government's trusted representatives。
The special commissioner assumed an air of affected dignity and announced that