The Project Gutenberg eBook of "Old Harmless"
    
This ebook is for the use of anyone anywhere in the United States and
most other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms
of the Project Gutenberg License included with this ebook or online
at www.gutenberg.org. If you are not located in the United States,
you will have to check the laws of the country where you are located
before using this eBook.

Title: "Old Harmless"

Author: Roy Norton

Release date: March 24, 2024 [eBook #73247]

Language: English

Original publication: New York: Street & Smith Corporation

Credits: Roger Frank and Sue Clark


*** START OF THE PROJECT GUTENBERG EBOOK "OLD HARMLESS" ***


“OLD HARMLESS”

By Roy Norton

Author of “David and Goliath,” “The Box,” Etc.

    Uncle Bill loved his gulch, and David and Goliath loved
    Uncle Bill. When trouble came they promised to stick by
    him to the bitter end--which wasn’t so bitter, after all.


It was a long distance from the beaten roads to where “Old Harmless” had
his cabin; quite over the top of ridges, down across intervening
valleys, around mountain shelves where a pack burro might not slip with
impunity, and with now and then a gurgling little stream to ford that
became a dangerous place when spring freshets ran high and filled a
gulch. It was not a place that any one other than a recluse might have
chosen for permanent domicile, but to Old Harmless it was Heaven. He was
convinced that somewhere within its borders there was wealth.

“Yes, sir, I reckon that some place in these here hills, right about the
rim of this gulch, thar’s a ledge of gold that orter go about ten
thousand dollars a ton!” he was wont to explain to the partners, David
and Goliath, when they visited him by climbing to a high, steep ridge,
traversing the crest of a rugged, barren range, and then dropping down
long, steep hills into the valley where Old Harmless dwelt and strove
with infinite and inexhaustible patience and optimism. “And that ain’t
exactly all of it, either. You see, I diskivered this gulch in
’fifty-eight, and I took a right-smart lot of pay outen this flat, and
there was some other fellers came, and they called it Harmon’s Camp.
Named it arter me, you see. An’ they built some stores and--by
Matildy!--they was a post office here oncet, where a feller could go and
git his mail. If he had any to git.”

Always at this point he would shake his head with an air of melancholy.
And always the partners would appear sympathetic, and interested, as if
this were the first, rather than the hundredth or so, time they had
heard this tale. Always one of them politely said, “Psho! What happened
to her, Uncle Bill?” And always Old Harmless brightened up, and rambled
on.

“Well, you see in them days nobody stuck around a flat after what was
easiest ter git was worked out. Everybody jest naturally went somewhere
else ter find somethin’ else that was easy ter git and so, bimeby, thar
wan’t nobody left here at Harmon’s but me. Yes, sir, nobody but me. An’
bein’ young an’ foolish, bimeby I went, too. Shook her. But--I allers
kept comin’ back. Then, when it seemed as if thar wan’t nothin’ left
anywhere, and all them railroads kem to Californy, and there wan’t no
other place left to go, I come back here to stay. An’ so--here I be.
Right here. An’--I reckon I’ll stay here till I die. It ain’t so much
the findin’ gold, with me, as it is that I’m so used ter this here
place. Seems like I know every tree in this here flat, and they’re all
friends of mine. Why, I talk ter ’em, I do. They was one blow down, last
spring, one that I always called ‘Old Sam,’ because he was so big and
husky and had been here so long before I came, and he looked ter me like
he might be the granddaddy of all trees, and I got ter sort of love him.

“It sounds mighty foolish, but on the mornin’ after the big storm when I
saw that Old Sam was done, I sat down on him an’ felt like cryin’ and
was sort of deespirited, because it was as if I, too, was a-gitin’ old
and some day all the other trees, these friends of mine, would wake up
in the mornin’ and find that I’d gone, too, and wasn’t never goin’ ter
be seen around, or heard talkin’ ter ’em any more.”

Invariably, at this finish, as if suddenly aware of his loquacity; his
betrayal of sentiment; his slipped confession, he would recover, cackle,
pretend to make a joke, and hide his abashment. And invariably the
partners joined in his laugh, but it was never a laugh that reached
their eyes, for always they knew that he had voiced his heart. Each of
them, shy, outwardly rough, inwardly sentimental, had known hills and
trees they had loved. They, too, lived in the world of outdoors, where
everything of life has its characteristics, its entity, its
individuality, its struggle to live. They, too, sometimes believed that
trees observe, confide, or perhaps love comrades.

“I kin always scratch up enough dust for bacon and beans, by workin’ the
old dumps with my old Long Tom or a string of sluices,” Old Harmless
once explained. “Nobody bothers me here. Nobody ever comes to see me but
you two young fellers; but I ain’t lonesome. And some day, maybe I’ll
find the ledge that throwed the gold in this here gulch, and----”

When he stopped and stared at the crests of the hills, as if thinking of
such an achievement, David asked impulsively: “And--and what’ll you do
then, Bill?”

The patriarch rubbed a hand across his eyes as if disturbed and
perplexed, and then said, “do then? Do then? I’ll--I’ll--why, I don’t
just know what I’ll do. I wouldn’t want a lot of people here in this
camp of mine. They might spoil things. But--I’d like one of them talkin’
machines that sings songs and makes bands play, and all that. If I was
rich, I’d git me one of them things and git some feller ter learn me how
ter run it. Then I’d take her out under the trees on nice days and play
all them tunes, and---- Do you fellers reckon trees hears things like
that and likes ’em?”

The partners gravely admitted that they had never considered such
matters, and humored his whimsies, by admitting that they hoped trees
did hear, and that Old Harmless might find the ledge, and buy the
phonograph.

On a certain Christmas Eve they made their trip in the moonlight, when
the great shield of snow beneath the still and motionless trees lay
pale, or patterned with the infinite beauty of lacework wrought by
shadow in nature’s inimitable, delicate intricacy. Their snowshoes
squeaked crisply. The exalations of their breathing thrust tiny clouds
of gray vapor ahead of them; but of all these physical manifestations
they were oblivious, because the giant carried under his arm, as
tenderly as if it were an infant, a square box, and behind him came the
sturdy, squat figure of David, his partner, taking two steps to the
giant’s one, panting, and with equal care clutching across his shoulder
in a sling another box filled with records.

“I reckon,” David panted, “that he’ll be tickled to death with that tune
called Clementiner, seein’ as it’s about an old cuss who mined
hereabouts in ’forty-nine.”

“Humph! Met my love on the Alamo suits me better,” Goliath grunted.

“Sh’d think you’d had enough of wimmen,” said David scornfully.

“They ain’t got nothin’ whatever to do wih tunes,” Goliath replied with
such emphasis that his partner read the danger signs and made no further
comment. And preference for tunes meant nothing when they witnessed the
joy of Old Harmless, for it amounted almost to stupefaction.

“As fur as I kin see now,” he said, after listening to the entire
collection of records, “they ain’t much else on this earth that I
specially hanker fur. If I don’t never strike that there ledge--and
she’s sure here somewheres!--I kin always scratch up enough dust ter buy
grub and what clothes I need, and I live in the all-firedest purtiest
place in the whole gosh-dinged world, and now I got somethin’ to sort of
keep me company, in that box you boys has brought me! Yes, sire-e-e! I
reckon I’m about the happiest man on this earth.”

At intervals the partners brought fresh records across the ridge to the
abode of happiness, and the gratitude and contentment of Old Harmless
seemed never to wane, although the wonderful ledge was no nearer
discovery than it had been for twenty years. Sometimes they questioned
him, curious as to his complacency. Themselves determined and
persevering men, they yet knew that even to any persistence there is an
end; but here was one who had for more than fifty years dreamed a dream,
and worked to bring it to reality, with a courage that was undismayed by
failure.

“You beat me, Uncle Bill,” David declared, with a shake of his head. “I
should think that by this time you’d be about ready to give up findin’
that ledge.”

“Give up? Me give up? Why, son, I’m as positeeve there’s a ledge here as
I am that I’m alive!” exclaimed Old Harmless, emphasizing his assertion
with a slap of his gnarled hand on his lank and bony knee. “Spring’s
a-comin’ ag’in, and when the rain washes off the dust and top layers,
and shows the rocks in bright colors and marks out the formations, I’ll
find her, all right! Yes, sir-ee! I’ll find her.”

“But why ain’t you found it before this--in some of all the other
springs when it rained, Uncle Bill?” David persisted, eying him shrewdly
from beneath his thatch of red eyebrows.

“One man cain’t look at every foot of all the hillsides, in one spring,
or a dozen of ’em, kin he?” Old Harmless snorted as if derisive of the
younger man’s sagacity. “I’m workin’ them hillsides by sections, I am.
And--by Matildy Ann!--I don’t seem able ter do as much as I uster; but
I’m pluggin’ along. I’ll git her yet!”

“But you don’t seem to git nowhere and the----”

“Git nowhere? Me? By heck! I’ve gotten farther’n most men. I’ve got one
whole side of a gulch prospected. I’ve paid all my bills. I got grub
enough right now ter run me for more’n a year. I got the finest cabin in
the world. I ain’t never done a human bein’ any wrong in all my life. I
ain’t never harmed a woman and--when I had money I eddicated two nevvies
and a niece. I ain’t never spoke ill of no man. And if you think, son,
that the Lord Almighty’s goin’ to let a feller like that down, you’re a
damn fool. That ain’t the way He does things. No, sir-ee! He’s a pardner
of mine, the Lord is, and I got an old book here what proves it!”

And flurriedly, indignantly, he jumped to his feet, grabbed a battered
old Bible from a shelf, and banged it down on the table in front of the
skeptical David; banged it so hard that the tin dishes thereon rattled
and danced and gyrated. The partners could not but respect his unbending
faith.

“David, you shut up!” growled Goliath, admonishingly, and scowling at
his partner until his heavy black eyebrows met above the bridge of his
high, thin nose.

“Maybe we had better quit argifyin’, and hear them new tunes Goliath and
me brought over,” said David, sagaciously changing the subject. And
immediately thereafter Old Harmless was mollified, and sat with open
mouth, distorted fingers combing his long, white beard, and one hand
cupped behind his ear as if intent upon assisting that very acute organ,
attuned to great silences and tiny sounds, to drink in all the magic
that issued through a huge tin horn. No further reference was made to
their discussion until just before the partners departed when the old
man said, as if ashamed of his vehemence, “Davy, you did git me riled up
a while ago, and--and--I’m right sorry I talked so hot. It ain’t
befittin’ a man of my years ter git his mad up that a way, and if I said
anything ter hurt your feelin’s, son, I takes it that you understand
that I’m an awful quick-tempered man.”

And all the way over the trail David chuckled as if greatly amused over
what to him had been nothing more than a joke.

“You shouldn’t have argued with that old cuss that way,” Goliath
rumbled, as if sensing his partner’s thoughts. “He believes the Lord’s
his partner, and he don’t like to have nobody thrownin’ stones at Him.”

And David’s face softened and his eyes became thoughtful and he said in
a highly hushed voice, “Goliath, I reckon you’re right. And--I ain’t so
damn certain but what the Lord is a partner to a man like old Uncle
Bill, after all. I’d orter be ashamed, and--I am!”

The spring season came as usual, with nature’s immutability. The snows
wilted and sogged, and gave way to gurgling rivulets that trickled in
innumerable hidden channels, until moist bare spots broke black and
open, as if fighting to find the sun. The trees began to throw out
shoots of green and migratory birds returned after their winter’s
absence. The partners found the trail more difficult to Harmon’s cabin,
and less idle time upon their hands.

Their attention was returned to Old Harmless in a peculiar way. It was
when the county sheriff rode into their clearing one afternoon,
dismounted, and called them from the pay dump on which they stood.

“Great Scott, Jim, what’s up? What brings you here?” David said, shaking
his hand.

The sheriff grinned, as if amused, shook hands with Goliath, and said,
“That old patriarch over the ridge--old Harmon. He’s--he’s gone loco.
Got anything to eat? I’m hungry as a wolf. Haven’t had a mouthful since
five o’clock this morning. If you can spare me a snack, I’ll tell you
all about it, while I’m sponging off of you two fellers.”

It was while David cooked the bacon and Goliath mixed flapjacks that he
explained.

“It seems,” he said, “that old Uncle Bill ain’t got any more title to
that ground up there than a man has to something he never saw before, or
heard of before, in all his life. That land was patented more than forty
years ago, and the taxes have been paid regularly by the heirs of the
original owner. Must have been that they didn’t know that Bill Harmon
was livin’ on it, or --maybe they didn’t care a cuss seein’ as they
wasn’t using it. Anyhow, they sold her out, lock, stock, and barrel, to
Hiram Newport, down in Placerville. You know him, I reckon. Lawyer.
Lends money on mortgages, and owns a bank of his own.”

“Dirty old skinflint!” David exclaimed.

“Course we knows him. Pirate!” Goliath rumbled.

“Well, it seems old Newport had a scheme up his sleeve, and he goes back
East somewheres and gets some feller that makes a specialty of buildin’
reservoirs and power plants, interested in this land. And Uncle Bill’s
place being in a big gulch with a narrow outlet that could be dammed
easily, is a sort of key to the whole blamed thing. Feller that Hiram
goes to takes an option. Sends out some engineer experts of his to pass
on it. They goes up with a few men to make a survey. Old Harmless is at
first sort of dazed, then when these engineer fellers tells him what’s
up, he tells ’em he owns that gulch and for them to get to hell out of
there. When they don’t hike the old man gets his dander up and it’s sure
up all right --just as if bein’ peaceful and quiet for longer’n any one
can remember had sort of bottled it up for fair, and now he’s got the
cork out.

“Uncle Bill goes into his cabin and shows up with his Winchester
and--you know how that old feller can shoot. Well, he shoots the hat off
one engineer’s head, takes a second shot at a mighty costly theodolite
they’d planted, and scores a bull, then with a few shots just above
their heads sort of hastens their gallop as they’re takin’ down the
trail. They come down to me and demand the protection of the law. I
laughed. It seemed so foolish for anybody to be afraid of Old Harmless
who’d never fought anybody or anything for more’n forty years. I thought
I’d have to go up and see about it, however, so off I goes, all alone.”

He stopped, scratched his head, and grinned as if amused with his own
experience.

“By heck!” he exclaimed, slapping his hand on his knee. “That old cuss
was plumb full of fight! A catamount hadn’t nothing at all on him. I
tell you, boys, Uncle Bill’s gone mad. I rode up to his clearing and
toward his cabin, and then the door opened and there he stood with that
gun of his in his hand, and he yells, ‘No need ter come any farther,
sheriff. I been expectin’ you. Me and you’s been good friends--up ter
now, and I’d hate like sin ter have to draw a bead on you. But I ain’t
goin’ ter let you come no closer. This land is mine. I’m goin’ ter keep
it. I’m goin’ ter fight fer it. Maybe in the end you’ll git the best of
it, but it won’t be so long as I can twist the fust finger of my right
hand over a trigger. You go back and tell the fellers that sent you that
all I ask is to be left alone ter gyard what’s my own. It’s mine, and
they ain’t nobody at all can take it away from me without a fight.’

“Well, I didn’t quite know what to do. I was so surprised like. I didn’t
even have a shootin’ iron on me, and I saw he meant business. I tried to
argue with him. No good! Uncle Bill is gone loco! And the hell of it is
that I ain’t got no use for that old scoundrel Newport, and that I
wouldn’t hurt Old Harmless for all California, because I like him,
and--yet--I’m sheriff. Wish I wasn’t!”

With an air of dejection he bent forward and twisted his hands together
between outspread knees, thought for an instant, and then looked up at
the partners.

“So,” he said, “I come away--right fussed up. Then I happened to
recollect that Uncle Bill’s awfully fond of you two fellers. He’s always
shootin’ off his mouth about how good you been to him, and how you give
him a phonograf, and--one time he told Mike Kelly, who runs the saloon,
that he didn’t care so much about discoverin’ that ledge he’s always
hoping for on his own account, but that he’d be willing to croak if he
could find it and make you two a present of it!”

He straightened up and became seriously intent on his business again.

“I’m the sheriff,” he said. “I swore I’d enforce the law. Uncle Bill’s
got to get out of there, if I have to take a posse and shoot him out. I
won’t do that until everything else has been tried, and found no good.
You two have just naturally got to go up there and tell him so, and show
him how he’s got to go, because he can’t fight the law. He’ll listen to
you two men, and he won’t listen to nobody else. You got to show him
that he ain’t got a leg to stand on, and that I’ve got to do my duty
what I swore to do, and that I’m goin’ to do it no matter how much it
hurts. Get me?”

The sheriff stared inquiringly at the two partners, who shook doubtful
heads, consulted each other with their eyes, and appeared distressed. It
was David, who, as usual, did the talking for both, who spoke first.

“We’ll go, willin’ enough, sheriff, because we see just how it is;
but--I’m awfully afraid you’ve put a job up to us that we can’t get away
with. Honest, I am! You see, it’s this way. Uncle Bill’s a funny old
feller. Got queer notions about things. He loves that place up there,
not so much for what it’s worth, because money couldn’t buy it at all;
but because he talks to the trees, and has a notion that the same birds
come to ’im every year, and all that. They’re all like children to him,
and they’re all the family he’s got. Uncle Bill told me one time that
his place up there was his idea of heaven, and that if he died and the
Lord Almighty’d let him, all he would ask would be to just come back
there and keep on livin’ and workin’. Said he wouldn’t mind it even in
spite of his rheumatiz, which he gets most awfully bad in wet seasons.

“You got to look at that from his viewpoint, and put yourself in his
place. Well, if you was to get to heaven, and the place suited you
mighty fine, and you’d got sort of used to it after livin’ there for
about fifty years, and along came some big, husky angel with a
nickel-plated star on his chest and undertook to chuck you out, when you
thought you hadn’t done nothin’ wrong, I reckon--I reckon,
sheriff--you’d fight, too --wouldn’t you?”

The sheriff somberly admitted that he “Reckoned he would.”

“So!” said David. “That’s just what we’re up against. But--me and
Goliath’ll go over there and try to do some persuadin’. Only, sheriff,
it’s goin’ to take some time. Maybe two or three weeks, and maybe we
can’t do it at all. He’s powerful set in his notions, Uncle Bill is.”

Again the sheriff scratched his head and ruminated.

“It ain’t business,” he grumbled, “but I can put things off for a whole
month, I guess, rather than start a war on that poor old cuss. And then
if he doesn’t go--by Jehos’a-phat! He must! Even if we have to tote him
out on a shutter.” He stopped and groaned. “Lord! This is the most
unpleasant and toughest job I’ve had to tackle since I been sheriff, and
this is my fourth term in office. Road agents and train robbers is easy
compared to this, because then you expect to have to shoot and don’t
mind it at all; but to have to shoot Old Harmless---- Good Lord! It’s
awful!”

David sat thoughtfully scowling at the floor.

“How can you put it off a month?” he asked, as if working over a
problem.

“Well, you see, I can just naturally neglect arresting Uncle Bill on the
charge of bein’ too free with his rifle, and as far as throwing him off
the land is concerned, Newport will have to first of all bring an action
in court for ejectment and demand possession, and all that, and--by
Jingoes!--maybe that could be dragged on for months, if Uncle Bill got a
good lawyer! But--just the same--in the long run, I’m afraid he’ll have
to go. Now, if we could square up this shootin’ business, which comes
first of all, it would make things a lot easier for me. If the engineers
were to be fixed up some way so----”

David suddenly jumped to his feet and announced his conclusion, as if he
had discovered a plan. “That’s the first step. I’m goin’ to try it. I’m
goin’ on in with you and talk to these men. Goliath, ain’t you got any
cawfy made for the sheriff? You don’t reckon he’s goin’ away sayin’ that
all we give him to drink was water, do you?”

All through the sheriff’s repast the three discussed plans; but when the
sheriff rode away the little red-headed man accompanied him, walking
alongside the horse and clinging to a latigo, or taking turns at riding
until they could reach a place where an additional mount could be
secured. And it was late in the evening when the sheriff and the miner,
fellow conspirators in a good cause, rode through the shaded street of
the county seat and parted company in front of the hotel.

“It’s up to you now, Dave,” said the sheriff, bending from his saddle
and staring across at the lighted shop windows on the opposite side. “Of
course, you mustn’t tell ’em that I’m in on this. I’m supposed to be hot
and anxious to get any old goat that drags a gun in this country. Sabe?”

“Um-m-huh,” David replied. “If I have any luck you’ll get word to-morrow
mornin’ that all charges is withdrawn. And then it’s up to that old
skinflint, Hy Newport, to begin his court business. That’s right, ain’t
it?”

“That’s the way of it,” said the sheriff. “So long.”

“So long,” said David, and muttered to himself, “There goes one good
sheriff what gets my vote every time he runs!”

He found the two engineers in the hotel lobby, and decided that they
were real human beings. Moreover, fortunately for his mission, they
appeared to be in good humor and were laughing at something which was
being told them by their companion, who proved to be a mine owner with
whom both Dave and Goliath were friends.

“Old Tom Darrow,” said David to himself, sliding toward his prey, and
then to his astonishment he heard Darrow exclaim, “There’s one of ’em
now. Dave, come over here and meet a couple of friends of mine.”

The moment was opportune, and David had never been accused of being
dilatory in action.

“Mighty glad to meet you,” he said, accepting a proffered chair. “In
fact, I came clear down here from the hills to see you. It’s about old
Uncle Bill Harmon--Old Harmless, they call him.”

“Harmless be hanged! That old devil is about as harmless as an angry
tiger, I should say,” exclaimed one of the engineers; but his laugh
encouraged David to proceed with his mission. And so earnestly did he
plead for a dismissal of the incident, ably seconded by Darrow, that the
engineers were impressed.

“I’ll tell you what we’ll do,” said the chief. “If I’m paid for my
theodolite, and my partner is supplied with a new hat, we’ll go
to-morrow and tell the sheriff to drop it. As a matter of fact, we got a
pretty good rough knowledge of that gulch and its possibilities before
harmless Harmon discovered us, and opened up with that cannon of his.”

Before he had finished talking David had recklessly dragged his blue
shirt tails free from his trousers and was fumbling at a money belt
concealed beneath.

“Cash talks,” he said tersely, as he produced his belt, and entirely
unconscious of the amazed grins of two or three other spectators in the
lobby, jerked the belt loose and proceeded to tuck his shirt tails back
into a more conventional shape. “I don’t know what a theodolite costs;
but there’s nigh on to a thousand dollars in this leather, and if that
ain’t enough, I reckon Tom here’ll lend me some till I can get to the
bank to-morrer mornin’.”

The engineers, amused, named prices far more modest than David had
expected, and he breathed a huge grunt of relief.

“Well,” he said, “that’s mighty nice of you. You won’t lose nothin’ by
bein’ good fellers, if ever you come my way. I’m off now. Got to get
back to-night, so’s to try to persuade Uncle Bill not to shoot up
anybody else. It’s gol-darned expensive, shootin’ up folks is.”

And despite their urgent dissuasions he departed, considerably relieved
in mind; but it was nearly dawn when he awoke Goliath in their cabin to
tell him of his success.

Very diplomaticaly the partners decided that the best time to visit Old
Harmless would be in the evening, lest he be alarmed or be rendered
suspicious by their appearance at an unusual hour. They trudged into his
clearing, with David in advance carrying two or three phonograph records
they had been waiting to present. They discovered that the windows of
the cabin had been barred with heavy saplings, and then, as they rounded
the cabin, found the defiant Uncle Bill sound asleep on a bench in front
of his door, with his patriarchal beard sweeping over his chest, and his
rifle resting across his lap. He looked pathetically old and tired. When
aroused by their hail he sprang to his feet, peered at them and made
certain who they were before he laid his rifle aside, after which he
told them of his distress. They listened patiently until he had talked
himself to a mournful and dejected silence, and Goliath watched David,
wondering what decision his partner would make, and what he might say.

“Well, Uncle Bill,” David said at last, “it’s tough luck. You say the
sheriff told you that old Newport owns this land and----”

“Claims it! Drat him! Claims it! But that there don’t make him own it,
do it?” roared the patriarch, shaking his fists upward in exasperation.

“So,” David went on calmly, and paying no heed to Uncle Bill’s anger, “I
reckon it’ll have to be decided by the courts.”

“Courts be damned!” roared Old Harmless. “Let ’em try to take it away
from me and drive me out of here. Me, that found this place first,
before any other white man ever come here! That diskivered the diggin’s,
and worked ’em, and saw this when she was a camp and----”

In vain the partners discussed the question with him. In vain they
assured him that he could not fight the law with a rifle. In vain David
told him that the sheriff was compelled, however reluctantly, to do his
duty. And so at last, after a long silence, he said, “Well, Uncle Bill,
if you’re bound to have a war, of course you’ll get the worst of it.
First they’ll send sheriffs. Then if you fight all them off--never can
tell!--why, Uncle Bill, I reckon they’ll call out the whole United
States army, and bring cannons and rifles and batterin’-rams and all
them things, and just naturally wipe you and the whole dinged valley off
the map. But--just the same, whipped for sure before you start, bound to
get shot all to smithereens, if you’ll do what Goliath and me tell you
to do, we’ll be with you when it comes to a finish, won’t we, Goliath?
We’ll just oil up our rifles and guns, Uncle Bill, and come right up
here and fight with you.”

The old man gasped, and then tearfully seized and wrung their hands. He
was speechless and helpless with gratitude. David let him subside and
winked slyly at Goliath before he went on.

“But,” he said impressively, “there ain’t to be no shootin’ of any kind
till the court’s had its say. Maybe that old leech Newport won’t do
nothin’ at all, Uncle Bill.”

“Then--then--what’d you do if you was me?” queried Old Harmless
bewildered.

“Do? I’d just keep right on workin’ as if nothin’ had happened. And if
anybody comes around, let ’em alone, or tell ’em it’s your land, and
they’re welcome to look at it. Tell ’em what nice trees you got, and let
’em hear you play the phonygraft, and if old Newport comes tell him
you’re puttin’ it up to the court to say who owns this gulch, and that
you’ll not have any truck with him till it does say, and that Goliath
and me’s on your side, and goin’ to fight it clean through with you?
Will you do that?”

They extracted a very reluctant promise from Old Harmless, but got it
nevertheless, and devoted the remainder of the evening to restoring his
peace of mind. Indeed, they scorned the idea that there was danger of
his being ousted from that wonderful home of his, and at last left him
in a more hopeful mood than they themselves enjoyed.

“What did you tell the poor old feller all that stuff for?” Goliath
demanded, when they were well clear of the cabin on their homeward way.

“Deeplomacy, pardner!” David explained. “To keep him from killin’
somebody and--to give us time to think up some way of helpin’ him.
Time’s what we need now. The sheriff told me that if it comes to court,
a lot of things can happen. So you see, if it comes to law, and Hiram
gets the title we’ve still got time to--wonder if me and you could buy
him off?”

“If we had enough money,” the giant growled. “But if there’s one of
these big companies in on the deal, and they want it badly, I reckon all
you and me could dig up wouldn’t make ’em do any more’n grin.”

They plodded along in silence for a while, and then David said, “Well,
if worst comes to worst, we’ll have to gentle old Uncle Bill down, and
get him used to it as best we can, and bring him over to live with us.”

“Of course!” Goliath assented. “That goes without any gab. Poor old
feller!”

They were still distressed and perturbed when they bade each other good
night and crawled into their bunks. And for the next three or four days
they could think of or discuss nothing save their perplexity.

Distraction came unexpectedly, with the arrival of a visitor who was
brought to their cabin one afternoon in a hired conveyance, and who
shouted a boisterous greeting. They did not recognize him at first, and
then David exclaimed, “By the great horn spoon! It’s Heald. Heald that
we got out of Mexico with.”

“What? That feller we grabbed out of ---- It is! Sure enough!” Goliath
exclaimed as they rushed forward to shake hands with a man whose life
they had saved at the imminent risk of their own necks. “What on earth
brings you here, Heald? Thought you was in Colorado?”

“Was, the last time I wrote you,” said their visitor with a quiet grin.
“Told you men that if ever I came within a thousand miles of you, I’d
look you up. I certainly owe you that much, don’t I? And so I’m here.
Can you put me up for a week or so? I want to fish a little and maybe
shoot at something and--talk over old times. I want to rest.”

Beyond that strange adventure in which they had saved his life, they
knew little of him, save that he was a strangely reticent man, evidently
capable, courageous, and sometimes a wanderer. They had accepted him as
being somewhat like themselves, an adventurer into strange places,
accustomed to vicissitude, and well-enduring. That he had remembered
them through the years with occasional letters, and once or twice a
Christmas gift of a box of cigars or something similar, was merely
surprising. The fact that they had imperiled their own lives in his
behalf had not impressed them as being any reason for the remembrance;
but they were eager to welcome him as an old friend. They were prepared
to act as hosts without apologies for the roughness of their
hospitality, and he, in return, accepted it as if it were that to which
he was entirely habituated.

It was in the dusk of the evening, when they had settled lazily into the
crude, homemade and comfortable chairs outside the cabin, and when they
had exhausted their reminiscences, that David mentioned the subject
uppermost in his mind, and explained how he and his partner had been
sympathetically perturbed by the misfortunes of Old Harmless.

“Maybe,” said Heald, “I can help you out on that, some way. I’m--I’m a
pretty good lawyer myself, and I’ve had some experience in land titles.”

They had not surmised that he was a lawyer, for never had he told them
of his personal activities, or occupations; but now they turned toward
him as does a swimming, shipwrecked man to a life raft. He sat and
listened as they gave him the details of the situation, sometimes asking
a shrewd question, sometimes smoking silently and thoughtfully, a
stolid, motionless figure lolling back in his chair. The glow of his
pipe alternated with darkness as regularly as the blinking of a
lighthouse lamp at a distance.

When they had concluded, they waited for him to speak in a prolonged
silence, and hung upon his words as if upon a decision. Ignorant of the
complexities of the law, they hoped that he might at once advise them
and set their minds at rest, and were annoyed when he said, at last, “Of
course, I can’t very well say, offhand, what should be done. I
suggest”--he stopped, puffed some more, discovered that his pipe was
nearly empty, leaned over and thumped the bowl against the chair leg,
refilled it, and by the time the partners were straining with impatience
resumed--“I suggest that you take me over so that I can talk with this
old man Harmon, and see what he has to say about it. A lawyer can
scarcely have a client without consulting him, can he?”

His dry, matter-of-fact tone did not offer the partners as much hope as
they craved; but they had to admit his logical attitude.

“We’ll go over there to-morrow night,” said David. “That is, if you can
stick such a long walk.”

Heald laughed.

“I’ve walked a few hundred miles in my time,” he said. “I don’t think
I’m too old to do a few miles more. It seems you fellows are mightily
interested in this man you call Old Harmless, and--I owe you a lot--it
strikes me; a lot that I’ve never found any way to repay. Why, if it
weren’t for you two, I’d not be here to-night. I’d be dust under a
Mexican wall long before now. And so--if I can do anything for you, or a
friend of yours---- Yes, I think we must go over to-morrow, so that I
may become acquainted with Uncle Bill. I think I’ll like him. There are
some real and simple souls left in this world, after all.”

On the following day he proved to be a far more competent pedestrian
than the partners had surmised, and when they stopped at the edge of the
clearing and looked up the narrow gulch that, bottle-necked, opened out
to their view, he stood and for a long time looked at it, his eyes
roving from the great stone gates upward to the crests of the hills, to
the great snowclad peaks in the background, and thence slowly across to
fix themselves on the homely old log cabin from whose stone chimney
smoke lazily curled, indicating that Uncle Bill was preparing his
evening meal.

“It’s a beautiful place. It does seem almost a pity to spoil it,” he
said quite as if soliloquizing, and then slowly trudged forward.

“You’ll maybe have to go slow with Uncle Bill,” David cautioned him,
“because he’s sort of sparin’ of talk with strangers. But if----”

“He can talk enough once he knows and likes a man,” Goliath hastened to
add, as if fearful that Heald might be discouraged; but Heald merely
nodded his head and appeared thoughtful.

“We may have to hang around a long time, or maybe come again before he
gets limbered up,” David remarked.

“But he’ll talk after he knows you--that is--if he decides he likes
you,” Goliath urged, and this time Heald smiled at the partner’s
solicitude.

“Perhaps you’d better leave most of it to me,” he said. “All you need to
do is to introduce me as a friend of yours.”

The partners agreed. They had no time for further comment, for the keen
ears of the patriarch had made him aware of their coming, and he
appeared in the doorway, blinked at them, and then called heartily,
“Well, well, well! Ef it ain’t David and Goliath again! And----”

He stopped and stared at Heald as if apprehensive lest the advent of a
stranger meant bad news, but was reassured in the warmth of their
introduction.

“Anybody who’s a friend of these boys,” he said gravely, “is sure ter be
a real man and a friend of mine. So, mister, you’re welcome. Come on in
and I’ll hack off some more ham, and hot up some more beans. Baked a new
batch of bread ter-day, but she ain’t as good as I could have made her
if I’d a-knowed I was goin’ ter have company.”

“Do you feed everybody that comes this way?” inquired Heald.

The old man turned from cutting the ham to stare at him with something
like indignation that such a question should be asked.

“All my life,” he declared, not without dignity, “there ain’t never been
a man, woman nor child, white or red, tan or yaller, come through my
cabin door and gone away hungry. I’ve tried ter be hospiterble ter some
I didn’t like. An’ I’ve whacked up my last ounce of grub with a friend,
and never felt sorry because my own guts cried for food and there didn’t
seem ter be any more on earth.” He stopped with his knife in midair,
studied Heald’s face for a moment and abruptly asked, “Young man, I call
you that though you might be fifty year old, which is young for
me--young man, do you believe in the goodness and kindness of the Lord
Almighty? Well, if you do, you’ll know that I ain’t never come ter want.
Somehow, when things looked mighty black and hopeless, He always came
along and helped me out! Just as if He’d said, ‘Hello. Had so many folks
ter look after and think about I’ve had ter overlook old Bill Harmon and
it seems he’s havin’ tough luck. Must help him out a little now.’ And,
mister, He always did.” He stopped abruptly, made a frantic lunge for
the dutch oven, and as he jerked the lid off with his knife and released
a cloud of steam said, “Damn it! In a minute more them beans’d been all
burned ter hell and gone!”

As if his spasm of loquacity had exhausted itself he relapsed into a
silence that was maintained throughout the meal that followed, despite
Heald’s palpable attempts to draw him out. Heald himself appeared to
have given up, and the partners fidgeted restlessly, because he had made
no reference to the land dispute, or old Harmless’ side of the
controversy. They were surprised when, as they were leaving, Heald
turned to the patriarch and said, “Wonder if you’d mind if I came up and
bunked with you a night or two, Harmon? It looks to me as if there might
be some trout in this stream of yours that runs down the center of your
gulch.”

“I’d welcome you, or any friend of David’s and Goliath’s,” the old man
said with grave simplicity. “Come right along. There is trout there, but
I ain’t never had time ter catch ’em. Come right along. But--but I’d
sort of like ter have you promise you won’t catch no more’n what we kin
eat, because--well--you see they’re just the same as you an’ me. They
like ter live--and--this is a mighty fine place ter live in. It is! And
I like ter think that even the fish down there in my stream is friends
of mine in their way, and knows me.”

The moon had pulled up across the divide when the visitors returned
home; but the partners could not induce Heald to discuss Old Harmless,
and almost his sole comment was, “Remarkable old man! Remarkable! I
suppose he has to have every ounce of grub he uses teamed up there,
doesn’t he?”

“Packed up on an old burro he’s got. Not teamed,” Goliath answered.
“Road up there’s all overgrown now.”

“Um-m-mh!” said Heald thoughtfully. “And yet no one goes away hungry,
and--when you fellows show me the way up there to-morrow, I think I’d
like to take along a pack of grub, if you’ll sell it to me.”

But they indignantly protested against a sale, although the pack of food
went with Heald when they made the journey on the next forenoon.

The partners waited three days, then four, before they again visited the
homely old cabin over the ridge. They found Heald and Uncle Bill sitting
out in the moonlight listening to the phonograph, and smoking
industriously. Heald’s pants were tucked into his boots, and they
noticed that he had discarded his suspenders for a leather string, and
that the collar of his flannel shirt was open as if he had finally
discarded neckties. He looked far less tidy and neat, but far more
comfortable than when he had arrived.

“Ain’t you comin’ back with us?” David whispered when Uncle Bill left
them for a moment, and in the moonlight they saw Heald’s grin.

“No,” he said. “Not to-night. The fact is, I’m getting to be just like
Uncle Bill. I like it here!”

“Has he talked yet?” Goliath asked, stretching his neck toward Heald.

“Somewhat! Somewhat!” declared Heald with an even broader grin.

“Anything we can do for you?” asked David.

“No, I’m all right. But--yes, there is! I almost forgot. I’ve some
letters I wish you would take down to the nearest rural box and drop in
for me to-morrow. And if there’s anything comes for me, it will be
dropped in your box, and you might keep them till I come down, or--maybe
it will be better to bring them up when you come again. No, I’m going to
stay here a while longer. I like this place.” He stopped, and then
chuckled as if amused. “For sporting it’s rather a failure. You see
Uncle Bill doesn’t like to have me catch more than six trout per day. He
doesn’t know it, but I’ve been fly-fishing with a barbless hook for two
days now, and throwing some beauties back into the stream rather than
hurt his feelings. S-s-sh! Here he comes.”

After the partners left that night Heald and Old Harmless sat for a long
time, smoking, and saying never a word, as if quite content with each
other’s voiceless company. The moon had lifted upward and the great
gulch was still save for the distant crooning sound of the brook that
seemed doing an elfin dance over rocks and bowlders.

“The phonygraft is wonderful,” said the old man at last; “but--but
somehow I always come back ter that there music you hear out there.” He
pointed with the stem of his pipe at the stream. “It’s the only music
that I don’t seem ter ever hear twice alike. It’s got tunes that’s
always new. Sometimes they’re angry tunes, in the spring time when the
snows is meltin’. Then in about a month it’s a busy tune, as if it was
sayin’, ‘Got ter git all this extry water off’n my hands, Bill, and
hustle it along ter the sea, and after that when things is right again,
and summer comes an’ there ain’t nobody here but God and me an’ you,
I’ll try ter sing you the same songs you’ve loved for more’n fifty
year.’

“Sometimes that there creek sings things that hurts a little, as if
croonin’ for them that’s asleep up on that flat bench over there on the
west side of that shoulder you can see. When there was a camp here in
this gulch in the early ’sixties we got the smallpox. It was purty bad.
Most everybody skipped out, but them that was sick--and me. I stayed on
ter nuss ’em, because, you see, if I hadn’t found gold here, nobody
would have come, and nobody would have died, and--and--so I felt sort of
responsible like and--just stuck it out. There’s eighteen men and one
woman--not what I reckon some folks might call a good woman, although I
know her heart was all right--that are all asleep on that hill. I buried
’em all myself when there wasn’t no one ter help. And I kept up the
place where they was asleep until one time I was away from here four or
five year, and when I come back there was a lot of rhododendrons growin’
over ’em, and then I knowed that, although I’d been gone the Lord hadn’t
forgotten ’em, and --purty soon the rhododendrons’ll be in bloom again.
The patch that grows the biggest and purtiest flowers seems to be over
the camp woman’s grave.”

Heald sat staring off at the hillside, wondering at all the unconscious
heroism of the tale. He was scarcely aware when Uncle Bill’s voice
added, “Sometimes in my dreams it’s all the same as it was; the cabins
and the tents with the smoke curlin’ up from ’em; the fellers I knew
gassin’ about their clean-ups; the evenin’s in the dance hall. And
sometimes I see it about three in the afternoon, with the clink-clink of
shovels heavin’ dirt into the sluice boxes, and then I hear the ring of
Tim Gray’s hammer and anvil, up there where that tall tree stands, where
he had a blacksmith shop; and the stage comes in and some of the boys
knocks off work and goes up ter see if there’s any news from home for
’em.

“Harmon’s Camp, they called it then. And I was Bill Harmon--not Uncle
Bill. I lifted a pack burro, pack and all, on a bet, one day in them
times. Yesterday I had ter rest three times before I could roll a
bowlder the size of a barrel out of my way. But--I’m here yet!” He
turned toward his guest and said fiercely, in his thin, old voice, “And
kin you blame me for fightin’ when they try ter drive me off’n this
place that’s mine? I know it ain’t right ter shoot, but---- Good Lord!
ain’t it mine? Kin you blame me?”

“I can’t!” said Heald, in a voice that sounded as if subdued by
reverence. “But if----”

“There ain’t no buts! There ain’t goin’ to be none! You see how it is,
son. I’m here. It’s the only place that’s home ter me. And so I’m goin’
ter stay. If they think they’ve got the best of it, I’ll still have ’em
beat, because they wouldn’t cart a poor old cuss like me away from here
ter plant him! They’ll just naturally dig a hole off somewhere on the
hillside and stick me in the place I love and--here I’ll stay--where
I’ve always wanted ter stay--and--and the stream down yonder’ll know I’m
there and sing me the same old songs, and I’ll never be lonely in my
sleep.”

He could not see that Heald was troubled and perplexed. He could not
understand that his mere possession was not title to this place.

“Hope,” said Heald thoughtfully, “that they never put you off. I can’t
say any more. But--Uncle Bill, I will do my best, whatever comes.”

“I know that, son! I’m sure of it! But--from all you’ve said ter
me--it--it begins to look as if I’ve got ter depend on Somebody higher’n
you or the other boys--Somebody that ain’t never failed yet ter see me
through!”

And then, with a heavy, weary sigh, he arose and trudged away to his
bed.

It was but two days later when the partners brought Heald a bulky
package of letters, that he read beneath the lamp in the cabin while the
others remained outside, passing broken remarks, and sitting in habitual
silences. He came outside with the announcement that the time had come
for him to depart.

“But--it’s all so all-fired sudden,” said Old Harmless. “I’ve got--I’ve
got sort’o uster you and--the grub’s all right, ain’t it?” he finished
with an anxious look toward his guest.

Heald laughed. “The grub’s so good, Uncle Bill, that if there’s any way
on earth to eat more of it, I’ll come back. But I’ve got to go to-night,
and be in Placerville to-morrow. Can’t loaf forever, can I?”

“Nope,” the old man reluctantly admitted, “I reckon you cain’t. It’s
when a man is young that he orter be up and movin’. But--by heck!--I’m
goin’ ter miss you--I am.” His good will still sounded in their ears
when they took the trail; but the partners found Heald strangely
disinclined for conversation as they threaded their way over the crests
of hills, where all was bright and clear, and then descended into the
shadows of the great trees where the paths were dim. It was not until,
tired and glad to be in their cabin again, they reached home that the
partners learned the results of Heald’s mission. The lamp on the table
shielded their faces as they sat on the edges of their bunks, and
unlaced their boots preparatory to going to bed. Outside, through the
open door the moon still shone, and the trees stood quietly as if
asleep. The silences of the open spaces surrounded them--the stillness
that pervades untrammeled spots, and corners where all is clean and
undefiled. Heald spoke as if impressed with all this, as if he had newly
learned a great reverence.

“I’ve found it out! I’ve caught it,” he said. “I knew it would reach me
some time, this thing that’s bigger than all else a man may ever
learn--the love that passeth understanding. I’ve been blind. Most of us
are. Uncle Bill has caught the truth.”

He came across and lifted the shade from the lamp, as if to see the
partners’ faces while he talked. He bent over the crude pine table and
rested his shoulder weight on the underturned knuckles of his hands,
bent forward, staring at them as if challenging dispute. A great respect
was in his voice, a softness of finality when he went on.

“Uncle Bill has seen things that are given to but few. He has seen that
all else save the love of an invisible but understandable God is
worthless; that a man may pile up gold; may achieve ambitions; may lift
himself to temporary power, and yet have failed if there is not one
place that is all his intimate own. He has found it. It’s his! It shall
stay his so long as he lives, by God! Or else I, too, have failed!”

He lifted his right hand, clenched it into a driving fist, and brought
it smashing down upon the table top. David and Goliath started from
their seats, wondering.

As if their start of surprise had rendered him conscious of his
vehemence, Heald paused, swallowed as if choking back unpent emotions,
straightened and looked away. As if embarrassed he said, “I’m sort of
upset! I’ve thought so much. I’ve learned so much, from Uncle Bill.”

As if by pretext, that he might resume the normal, he walked across to
his coat that he had hung upon a peg, took some papers therefrom,
scanned them, and, when he spoke again, his voice was placid and
undisturbed.

“You chaps helped me out, one time, when otherwise it would have been a
finish for me. That’s one point. You brought me up against Bill Harmon,
for which I thank you, and that’s point two. Point three is that I’m the
one who is behind the big reservoir scheme--the man who puts up the
money. Newport brought it to me in New York, and I took an option. I
sent my experts to look it over. Uncle Bill made a fool of himself. My
experts wired me and I came on, not only to look this project over, but
to meet you two men who had befriended me. The two matters fitted into
each other and I wished a rest; something to do besides piling up
money.”

He tossed the papers in his hand upon the table, and then pointed at
them.

“Those,” he said, “are the deeds to all the land in that part of the
hills--the land that Hiram Newport pulled together and sold to me. It
was to close the deal that I sent through you some letters and checks,
which you mailed. The deeds you brought back. The whole of it is mine.
But--listen now, and mark it down. It’s my word! It’s a thing I never
break.

“So long as Uncle Bill lives, he’s never to know that the land up there
isn’t all his own! So long as he lives there’s never a tree in that
gulch shall fall by the hand of any man! Never a dam be build across
that brook! Never a bird’s nest be pulled down from a bough! Never a
trout taken from the stream, without his consent. I don’t want nor need
money of the kind that comes from an operation like that. Uncle Bill is
to be unmolested as long as he lives--”

He came to a full stop, stared at the table top, then at the amazed
partners and said whimsically, “That is--unless I molest him, which,
Heaven knows, I hope not to do! I’ve found a new hobby of my own. You
two can help me out on that, maybe.”

“What is it?” they blurted out, still mazed in wonderment.

“I’d like to have you persuade him to let me build a big log addition to
that cabin of his, up there in his and my gulch, and make it as
comfortable as money can do, for Uncle Bill and me; something that he’d
like and could enjoy. Some place that I can come to when I want to get
away from making money, and meet nothing but a fine and honest, a homely
and real old man. I can afford it. The big reservoir can wait. And”--he
concluded impetuously--“I don’t care if it waits until both Uncle Bill
and I are gone, because that place is ours--his and mine--and what any
others may think will not matter to us at all! From now on Uncle Bill
and I are partners in this thing --that is--if he’ll let me into a
partnership that he is convinced includes at present himself and the
Lord Almighty! A partnership like that can’t be beat, after all, and
it’s about the only one for which I’m hankering.”

[Transcriber’s Note: This story appeared in the December 7, 1920 issue
of The Popular Magazine.]





*** END OF THE PROJECT GUTENBERG EBOOK "OLD HARMLESS" ***


    

Updated editions will replace the previous one—the old editions will
be renamed.

Creating the works from print editions not protected by U.S. copyright
law means that no one owns a United States copyright in these works,
so the Foundation (and you!) can copy and distribute it in the United
States without permission and without paying copyright
royalties. Special rules, set forth in the General Terms of Use part
of this license, apply to copying and distributing Project
Gutenberg™ electronic works to protect the PROJECT GUTENBERG™
concept and trademark. Project Gutenberg is a registered trademark,
and may not be used if you charge for an eBook, except by following
the terms of the trademark license, including paying royalties for use
of the Project Gutenberg trademark. If you do not charge anything for
copies of this eBook, complying with the trademark license is very
easy. You may use this eBook for nearly any purpose such as creation
of derivative works, reports, performances and research. Project
Gutenberg eBooks may be modified and printed and given away—you may
do practically ANYTHING in the United States with eBooks not protected
by U.S. copyright law. Redistribution is subject to the trademark
license, especially commercial redistribution.


START: FULL LICENSE

THE FULL PROJECT GUTENBERG LICENSE

PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full
Project Gutenberg™ License available with this file or online at
www.gutenberg.org/license.

Section 1. General Terms of Use and Redistributing Project Gutenberg™
electronic works

1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg™ electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg™ electronic work and you do not agree to be bound
by the terms of this agreement, you may obtain a refund from the person
or entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg™ electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg™ electronic works if you follow the terms of this
agreement and help preserve free future access to Project Gutenberg™
electronic works. See paragraph 1.E below.

1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the collection
of Project Gutenberg™ electronic works. Nearly all the individual
works in the collection are in the public domain in the United
States. If an individual work is unprotected by copyright law in the
United States and you are located in the United States, we do not
claim a right to prevent you from copying, distributing, performing,
displaying or creating derivative works based on the work as long as
all references to Project Gutenberg are removed. Of course, we hope
that you will support the Project Gutenberg™ mission of promoting
free access to electronic works by freely sharing Project Gutenberg™
works in compliance with the terms of this agreement for keeping the
Project Gutenberg™ name associated with the work. You can easily
comply with the terms of this agreement by keeping this work in the
same format with its attached full Project Gutenberg™ License when
you share it without charge with others.

1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are
in a constant state of change. If you are outside the United States,
check the laws of your country in addition to the terms of this
agreement before downloading, copying, displaying, performing,
distributing or creating derivative works based on this work or any
other Project Gutenberg™ work. The Foundation makes no
representations concerning the copyright status of any work in any
country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other
immediate access to, the full Project Gutenberg™ License must appear
prominently whenever any copy of a Project Gutenberg™ work (any work
on which the phrase “Project Gutenberg” appears, or with which the
phrase “Project Gutenberg” is associated) is accessed, displayed,
performed, viewed, copied or distributed:

    This eBook is for the use of anyone anywhere in the United States and most
    other parts of the world at no cost and with almost no restrictions
    whatsoever. You may copy it, give it away or re-use it under the terms
    of the Project Gutenberg License included with this eBook or online
    at www.gutenberg.org. If you
    are not located in the United States, you will have to check the laws
    of the country where you are located before using this eBook.
  
1.E.2. If an individual Project Gutenberg™ electronic work is
derived from texts not protected by U.S. copyright law (does not
contain a notice indicating that it is posted with permission of the
copyright holder), the work can be copied and distributed to anyone in
the United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase “Project
Gutenberg” associated with or appearing on the work, you must comply
either with the requirements of paragraphs 1.E.1 through 1.E.7 or
obtain permission for the use of the work and the Project Gutenberg™
trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg™ License for all works
posted with the permission of the copyright holder found at the
beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project Gutenberg™
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including
any word processing or hypertext form. However, if you provide access
to or distribute copies of a Project Gutenberg™ work in a format
other than “Plain Vanilla ASCII” or other format used in the official
version posted on the official Project Gutenberg™ website
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original “Plain
Vanilla ASCII” or other form. Any alternate format must include the
full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg™ works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg™ electronic works
provided that:

    • You pay a royalty fee of 20% of the gross profits you derive from
        the use of Project Gutenberg™ works calculated using the method
        you already use to calculate your applicable taxes. The fee is owed
        to the owner of the Project Gutenberg™ trademark, but he has
        agreed to donate royalties under this paragraph to the Project
        Gutenberg Literary Archive Foundation. Royalty payments must be paid
        within 60 days following each date on which you prepare (or are
        legally required to prepare) your periodic tax returns. Royalty
        payments should be clearly marked as such and sent to the Project
        Gutenberg Literary Archive Foundation at the address specified in
        Section 4, “Information about donations to the Project Gutenberg
        Literary Archive Foundation.”
    
    • You provide a full refund of any money paid by a user who notifies
        you in writing (or by e-mail) within 30 days of receipt that s/he
        does not agree to the terms of the full Project Gutenberg™
        License. You must require such a user to return or destroy all
        copies of the works possessed in a physical medium and discontinue
        all use of and all access to other copies of Project Gutenberg™
        works.
    
    • You provide, in accordance with paragraph 1.F.3, a full refund of
        any money paid for a work or a replacement copy, if a defect in the
        electronic work is discovered and reported to you within 90 days of
        receipt of the work.
    
    • You comply with all other terms of this agreement for free
        distribution of Project Gutenberg™ works.
    

1.E.9. If you wish to charge a fee or distribute a Project
Gutenberg™ electronic work or group of works on different terms than
are set forth in this agreement, you must obtain permission in writing
from the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ trademark. Contact the Foundation as set
forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
works not protected by U.S. copyright law in creating the Project
Gutenberg™ collection. Despite these efforts, Project Gutenberg™
electronic works, and the medium on which they may be stored, may
contain “Defects,” such as, but not limited to, incomplete, inaccurate
or corrupt data, transcription errors, a copyright or other
intellectual property infringement, a defective or damaged disk or
other medium, a computer virus, or computer codes that damage or
cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right
of Replacement or Refund” described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg™ trademark, and any other party distributing a Project
Gutenberg™ electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium
with your written explanation. The person or entity that provided you
with the defective work may elect to provide a replacement copy in
lieu of a refund. If you received the work electronically, the person
or entity providing it to you may choose to give you a second
opportunity to receive the work electronically in lieu of a refund. If
the second copy is also defective, you may demand a refund in writing
without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of
damages. If any disclaimer or limitation set forth in this agreement
violates the law of the state applicable to this agreement, the
agreement shall be interpreted to make the maximum disclaimer or
limitation permitted by the applicable state law. The invalidity or
unenforceability of any provision of this agreement shall not void the
remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg™ electronic works in
accordance with this agreement, and any volunteers associated with the
production, promotion and distribution of Project Gutenberg™
electronic works, harmless from all liability, costs and expenses,
including legal fees, that arise directly or indirectly from any of
the following which you do or cause to occur: (a) distribution of this
or any Project Gutenberg™ work, (b) alteration, modification, or
additions or deletions to any Project Gutenberg™ work, and (c) any
Defect you cause.

Section 2. Information about the Mission of Project Gutenberg™

Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers. It
exists because of the efforts of hundreds of volunteers and donations
from people in all walks of life.

Volunteers and financial support to provide volunteers with the
assistance they need are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg™ and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help, see
Sections 3 and 4 and the Foundation information page at www.gutenberg.org.

Section 3. Information about the Project Gutenberg Literary Archive Foundation

The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg Literary
Archive Foundation are tax deductible to the full extent permitted by
U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West,
Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact

Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation

Project Gutenberg™ depends upon and cannot survive without widespread
public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine-readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.

The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To SEND
DONATIONS or determine the status of compliance for any particular state
visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.

International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations. To
donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project Gutenberg™ electronic works

Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose network of
volunteer support.

Project Gutenberg™ eBooks are often created from several printed
editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.