Page:Frank Spearman--Whispering Smith.djvu/160

 “Well, you can’t put a grade there. I and some of my neighbors are going to dam up that basin, and the irrigation laws will protect our rights.”

“I certainly can’t put a grade in below the flume, and you refuse to talk about our crossing above it.”

“I certainly do.”

“Why not let us cross where we are, and run a new level for your ditch that will put the flume higher up?”

“You will have to cross below the flume where it stands, or you won’t cross the ranch at all.”

McCloud was silent for a moment. “I am using a supported grade there for eight miles to get over the hill within a three-tenths limit. I can’t drop back there. We might as well not build at all if we can’t hold our grade, whereas it would be very simple to run a new line for your ditch, and my engineers will do it for you without a dollar of expense to you, Mr. Dunning.”

Lance Dunning waved his hand as an ultimatum. “Cross where I tell you to cross, or keep off the Stone Ranch. Is that English?”

“It certainly is. But in matter of fact we must cross on the survey agreed on in the contract for a right-of-way deed.”

“I don’t recognize any contract obtained under false representations.”

“Do you accuse me of false representations?” 136