Authors: Robert Vaughan
WHEN THE TRAIN STOPPED IN MOUNTAIN HOME,
Hawke and Emerson Booker maneuvered Ian and his wheelchair down from the car. Then, hiring a buckboard, they went directly to the courthouse for the scheduled hearing. Felix Gilmore and another man were already in the courtroom when they rolled Ian in.
“Good day to you, gentlemen,” Gilmore said, greeting them effusively.
“Mr. Gilmore,” Ian replied.
“Well, I take it you are here for the hearing?” Gilmore said.
“We are,” Ian said. “Are you representing Creed?”
“No, actually I’m representing this gentleman. I believe you know Hodge Eckert,” Gilmore replied.
“You’re the land management officer for the U.S. government, aren’t you?” Ian asked.
“I am,” Eckert said.
“I thought government officials were supposed to remain impartial. Tell me, Mr. Eckert, how did you wind up in Joshua Creed’s pocket?”
“Sir, I’ll have you know that I am acting on behalf of the U.S. government in this matter.”
“Are you now?” Ian replied. “You think the folks in Washington are concerned about whether or not sheep can graze in Alturas County, Idaho?”
Eckert chuckled patronizingly. “Well, to be sure, they aren’t interested in your sheep in particular,” he said. “But this case will establish precedence, and not just for the territory, but for the entire country.”
“Good,” Ian said. “That means that after we win, open range will be open range.”
“Assuming that your lawyer can carry the case for you,” Gilmore interjected. “By the way, who is your lawyer? Ken Stripland?”
“Ken Stripland? No. What makes you think Mr. Stripland would be our lawyer?”
“Because he is the only lawyer in Mountain Home,” Gilmore said. “And I doubt that you would want to pay all the expenses of bringing a lawyer here from Boise City.”
“Well, you are right that we aren’t going to bring a lawyer from Boise City,” Ian said. “But you are wrong about Stripland. Mr. Booker will be pleading our case.”
“Booker? Booker? Odd, I thought I knew all the lawyers in the territory, but I don’t recognize that name. Is he new?”
“I’m Emerson Booker,” Emerson said, speaking for the first time.
“You? But you are one of the sheep men, aren’t you?”
“I am.”
“Are you a lawyer as well, Mr. Booker? Are you qualified before the bar in the territory of Idaho?”
“I am not,” Emerson said. “But as I am one of the interested parties, it isn’t necessary for me to be qualified before the bar.”
“You do understand, don’t you, that as you are not qualified before the bar, you will not be able to represent all the sheep ranchers?”
“It won’t be necessary for me to represent all of them,” Emerson said. “I will represent myself. But it amounts to the same thing. If I win, it will open the range for everyone.”
“Oh, you looked that up, did you?”
“I did.”
“I’ll give you credit for that. But I hope you did a lot more research. I think you will find that pleading a case before a judge isn’t going to be all that easy.” He looked at Ian. “Mr. Macgregor, as a friend of the court, so to speak, I would strongly recommend that you separate your case from Mr. Booker’s and hire a real lawyer.”
“I appreciate your advice, Mr. Gilmore,” Ian said. “But I think I will go with Mr. Booker. And all the other sheep men have made the same decision.”
Gilmore clucked his tongue and shook his head. “You are making it so easy for me,” he said. “Very well, good luck to you.”
“Oyez
,
oyez
,
oyez.
This honorable court, Judge J. Maynard Dollar presiding, is now in session! All rise!” the bailiff called.
From a door in the front of the courtroom, Judge Dollar entered. He was a very rotund man, and the black robe he wore made him look even larger. Dollar was bald headed but wore a full beard. He sat down, then looked out over the courtroom. Except for the judge and the bailiff, there were only four other people present: Felix Gilmore, a law
yer whom he knew, and three men he did not recognize.
“Be seated,” he said. “Bailiff, publish the reason for this hearing.”
The bailiff was as small as the judge was large. He had a protruding Adam’s apple, a hook nose, and eyes that appeared enlarged by his thick glasses.
“Your Honor, there comes now before this honorable court the Bureau of Land Management of the United States of America, for the purpose of requesting a court order to ban the grazing of all sheep on public land,” the bailiff said, reading from the docket.
“Is plaintiff in court?”
“I am, Your Honor. I am Hodge Eckert, field office manager for the Bureau of Land Management.”
“And you are acting on behalf of the United States?”
“Yes, Your Honor.”
“Very well. Who is attorney for the plaintiff?”
Gilmore stood. “I am, Your Honor.”
“Very good, Mr. Gilmore,” Judge Dollar said. He looked toward the defendant’s table. “And there is someone in opposition, I take it?”
“That would be me, Your Honor,” Emerson said, standing. “My name is Emerson Booker.”
“And you represent the sheep men?”
“Yes, Your Honor. I mean, no, Your Honor.”
“Well, which is it? Yes or no?”
“No, Your Honor. I am not a qualified attorney, therefore, I can only represent myself. But I am a sheep rancher, and it is my assumption that if my sheep are granted the right to graze on open range, then all other sheep ranchers will be granted that same right.”
“Your assumption is correct, Mr. Booker. Very well, you may represent yourself in this case.”
“Your Honor, if it please the court,” Gilmore said.
“Go ahead, Mr. Gilmore.”
“I would like a sixty day continuance, Your Honor.”
“A sixty day continuance? But we just got here,” Judge Dollar said. “For what reason would you need a sixty day continuance?”
“Your Honor, under Article fifteen, paragraph five, of the Statutes of the Territory of—”
“Don’t quote the statutes to me, Counselor,” the judge said irritably. “Do you think I don’t know the statutes?”
“I’m sorry, Your Honor, I wasn’t implying that you didn’t know them,” Gilmore said. “I was just using that statute as my justification. I’m entitled to a sixty day stay in order to prepare my case.”
“Mr. Gilmore, Mr. Booker isn’t even a lawyer, and I would venture to say that he is ready to proceed with this hearing. Am I correct, Mr. Booker?”
“Yes, Your Honor, I am prepared to proceed with this hearing.”
“Why is it, Mr. Gilmore, that you, an attorney who is certified by the bar, representing the entire United States of America, are not ready, whereas Mr. Booker, a layman, who represents only himself, is ready?”
“Your Honor, I would submit that Mr. Booker is not aware of all the complexities involved with trying a case. In fact, I believe that he is doing himself, and his cause, a disservice by attempting to act as his own counsel, and I have told him so.”
Judge Dollar looked over at Emerson. “Mr. Booker, the counselor has a valid point. Trying a case in a court of law isn’t something that should be undertaken by anyone who does not have the education or temperament to do so. Are you an educated man, Mr. Booker?”
“I am, Your Honor. I have a bachelor’s degree from Washington University in St. Louis.”
“You have a bachelor’s degree, but you are raising sheep?” the judge asked in surprise.
“Yes, Your Honor.”
“Forgive me, I had no right to question you about that. Very well, Mr. Booker, I am prepared to allow you to plead your own case.”
“Thank you, Your Honor.”
“Your Honor,” Gilmore said. “About my request? I am entitled to a sixty day continuance without cause. And I ask for it now.”
“Very well, I—”
“And, Your Honor,” Gilmore said, holding his finger up and interrupting the judge.
“And? And what?”
“And to stay in effect, the current injunction that bars the sheep from grazing.”
“Very well, continuance is granted.”
“Your Honor, I object!” Booker shouted.
“You cannot object, Mr. Booker. Not even I can object. Mr. Gilmore is entitled, by statute, the continuance he requested.”
“I’m not objecting to that, Your Honor,” Booker said. “I’m objecting to his request that the injunction stay in effect. Don’t you see what he is doing, Your Honor? By putting off the hearing, he has won a de facto judgment already.”
“Your Honor, in granting the sixty day continuance, you automatically keep everything in effect,” Gilmore said.
“I disagree, Your Honor,” Booker said. “All the sixty day continuance has done is say that we will wait until that time to make the final judgment as to the utilization of the open range. Whether or not the injunction should stay in effect is another question entirely, and I propose that we settle that issue here and now.”
“And you have a proposal as to how this question should be settled?”
“I do, Your Honor. I request that you dissolve the injunction and allow the sheep to graze on open land until such time as the case can be adjudicated.”
“Your Honor, since you did not issue the injunction, I suggest that you do not have the authority to dissolve it,” Gilmore said.
“Who did issue the injunction?” Judge Dollar asked.
“His Honor, Jeremiah Briggs, issued the injunction.”
Judge Dollar smiled. “I’m sure you don’t know this, as it just happened yesterday, but Jeremiah Briggs has left the bench. His entire case load has been turned over to me. Therefore I do have the authority to dissolve this injunction if I see fit to do so.”
“But, Your Honor, we can’t argue this now,” Gilmore said. “This comes under the umbrella of the sixty day continuance.”
“No, Mr. Gilmore, in the case of the injunction, I do not believe it does,” Judge Dollar said. “I will hear arguments.”
“Your Honor, my argument to keep the injunction in effect would be the same argument I would use to have a court order issued to permanently bar the sheep from grazing there. What you are asking me to do is plead my case now.”
“I do not agree,” Judge Dollar said. “I will hear arguments as to why I should vacate this injunction. Mr. Booker, you may continue.”
“Your Honor, the premise that the cattlemen used to get the injunction is that the sheep crop the grass so low that it will not grow back. Their argument is that by allowing sheep to graze on the open range, what is now grassland will be turned into desert. We know from the
Bible that they have been raising sheep in the Holy Land for over two thousand years without degrading the pastureland.
“On the contrary, many years of mixed-species grazing in Europe has proven to be very beneficial for pastureland. Cattle prefer grass over other types of plants and are less selective when grazing than sheep. Sheep are much more likely to eat broad leaf weeds. Therefore, grazing cattle and sheep together on a diverse pasture will result in all types of plants being eaten, thus controlling weeds and brush, while yielding more new grass growth per acre.”
Emerson sat down and Judge Dollar looked over at Gilmore.
“Your rebuttal, Mr. Gilmore?”
“My rebuttal is that what Mr. Booker said simply isn’t true,” Gilmore said. “We’ve experienced the effects of sheep and cattle grazing on the same land and the result has been disastrous.”
“Do you have any empirical proof of that, Mr. Gilmore?”
“Your Honor, gathering that specific evidence is what I intend to do during the sixty day continuance.”
“Fine. You gather that evidence,” Judge Dollar said. He turned to Emerson. “In the meantime, Mr. Booker, I believe that you have raised a valid point. Until such time as the plaintiff can prove their allegation that mixed breed grazing is harmful, I will dissolve the injunction and allow open range to be just that…open range.”
“And, Your Honor, if it please the court,” Emerson added. “Would you direct the sheriff to enforce our right to let the sheep graze on open range?”
“Your Honor, if I may?” Gilmore said, speaking quickly.
“Go ahead, Mr. Gilmore.”
“If you dissolve the injunction, then the situation returns to status quo. To have the sheriff specifically enforce the right of the sheep to graze in the open range gives the false impression that sheep grazing is not only allowed, but is in fact encouraged by the law.”
The judge stroked his beard for a moment. “Mr. Gilmore, that is a rather convoluted piece of logic,” he said. “But, in a convoluted way, I can see the validity of it. I believe you may be right. Having the sheriff enforce the right of the sheep to graze may give the impression that the government is supporting the concept of sheep grazing on open land, perhaps even to the exclusion of all other livestock.”
Smiling, Gilmore sat back down.
“This court will reconvene sixty days from today’s date in order to hear the case as to whether or not the ‘sheep may safely graze.’ In the meantime, the injunction is dissolved. Court is adjourned.”
As everyone was preparing to leave, the judge stepped over to the table where Emerson, Ian, and Hawke were getting their material together.
“Mr. Booker, my congratulations, sir, on the skillful handling of your case,” the judge said.
“Thank you, Your Honor.”
“And, Mr. Hawke, I hope you took notice of my little reference to Johann Sebastian Bach with the ‘sheep may safely graze’. You
are
Mason Hawke, are you not?”
“Yes,” Hawke said.
“I thought so. A couple of years ago I took a train out of Chicago. I believe you had been hired by the railroad to play the piano on that train, and I was very pleasantly surprised at how beautifully you played. That was you, wasn’t it?”
“Yes, that was me.”
“Are you still playing the piano?”
“Yes, I am.”
“Good, good, you have a very rare talent, sir. Hold on to it. But I’m confused. What are you doing here, with these men? Are you now raising sheep?”
“No,” Hawke said. “Mr. Macgregor here is an old friend of long standing. I’m visiting him.”
“Yes, well, gentlemen, I will see you again in sixty days. Good luck to you.”
“Thank you, Your Honor,” Emerson said.
At the plaintiff’s table, Gilmore was making haste to leave.