Chapter 33

The next afternoon, Monday, June twenty-fifth, the law partners met in the second floor conference room for their weekly organizational session. Lewin, with the acquiescence of the other partners, had assumed supervision of most administrative matters for the partnership, so he chaired the meeting. Peng Delan took notes.

After reviewing pending issues from the prior week, and each partner summarizing their current status, the members were polled for new concerns.

Bream said, “Emil, I think your work and the variety of it, might be better served by a dedicated clerk.”

Lewin said, “He’s got a point, Emil. Much of your work is away from the office and it has a tendency to cause large blocks of clerical work to come in all at once, making it difficult to maintain administrative routines for the rest of us.

“Another consideration,” he added, “is that a fair amount of your work concerns the railroad and you are about to exceed the annual retainer and we’re barely half way through the year. We need to revisit your contract with Wichita.”

“Valid points,” Malik said. “Would it be better to bill the railroad for hours or would it work better to just get their retainer in an amount that would cover the cost of a clerk position?”

That led to another discussion. Finally, they decided that Lewin would prepare a proposal outlining both options and they would send it to Raul Castillo in Wichita. Lewin said he would have it ready for the next day’s railroad express mail.

The discussion then concerned itself with whom would be hired for the dedicated clerk position. Bream immediately suggested Peng Yan as having the most experience in Malik’s railroad dealings, as well as a thorough familiarity with office procedures. The partners took into account that Peng Yan, before she was shot in the Nestors’ ambush at Ranch Home, had provided bodyguard services to Malik and had traveled with him for that purpose. They felt that, with that history, it would reduce any awkwardness or seeming impropriety if she were to resume traveling with him.

Malik said, “You are likely aware that Miss Peng Yan and I have an incipient personal relationship. I simply want to place that on the table for everyone’s consideration.”

Nicholson asked, “Do you think it might have a negative influence on either your work or hers?”

“As such things go, and knowing my standards and, to a degree, hers, I would say no, but I can’t guarantee it.”

Bream said, “I’d agree with your assessment, Emil. It doesn’t worry me.”

“We need to check with her, of course,” Lewin added.

Nicholson said, “There’s also the matter of finding space for a third clerical staff member.”

Malik nodded, rubbing his chin. “Not that it would be an immediate solution, but it is possible that we could add a third story to this building. I’m having the new buildings constructed with a third story.”

“That’s not a bad idea,” Lewin said. “In the interim, however, I think we could set-up your clerk in that corner,” he pointed to the front corner, opposite Malik’s office door, “and work around it. If we need to use the conference room for client conferences, Miss Peng Yan, or whoever, could either take the notes on the meeting or move herself elsewhere temporarily. She would also be less likely to actually be in the office, as she’d travel with Emil.”

To avoid the influence of personal issues, as much as possible, it was decided that Lewin would interview Peng Yan about the position. Then the discussion moved on to other topics.

Late the next morning, Lewin stepped into Malik’s open doorway and said, “Can I interrupt you, Emil?”

“Please, please do,” Malik said, slapping a sheaf of papers down on his desk. “I’m about fed up with this ridiculous suit. A cattle rancher is suing my client, who raises sheep. They have adjoining pasturage.” He was shaking his head and said, “The rancher insists the smell from the sheep is causing his cattle to lose weight. My client says the rancher has too many cattle on his land and it’s overgrazed. I went out there and that’s what it looked like to me, too.”

Lewin, who had eased himself into one of the guest chairs, asked, “How do you plan to prove that?”

Malik tapped a pamphlet on the corner of his desk. “I’m going to write to the state college at Brighamton. They have an agriculture and husbandry department that researches farming and ranching practices. They get special funding from the state agriculture office to provide that information to anyone who asks. I’m hoping to persuade one of the professors from that department to testify as an expert witness and maybe speak at the high school, too, while he’s down here.”

He leaned back in his seat, looked at the ceiling, and added, “And I think I’ll suggest that my client countersue for the costs of defending the suit if the rancher loses. That alone may be enough to have the suit withdrawn.”

Then he looked at Lewin. “But what do you need, David?”

Lewin said, “First, to let you know that Miss Peng, Peng Yan, that is, has agreed to take your new clerk position. But, in relation to that, an odd situation has come up. This morning, a man came in to apply for the clerk position that Miss Peng Yan will be vacating.”

“We just decided to replace Peng yesterday. How did he find out, already?”

“When I tell you that he is Chinese, I think it may help answer your question. As you, yourself, have said, those folks have a heck of an intelligence system operating.”

“Well, I guess I don’t mind for something like that getting out, but if it would have been client information...” He paused, then shook his head. “No, you know what? I do mind. I think we should keep everything confidential. We can’t have our business decisions known to others.” Malik leaned forward and the volume of his voice began to rise. “We need to establish where our employees’ loyalties lie,” he said, tapping the end of his index finger firmly against the desk top.

Lewin raised his hands toward Malik in a slow-down gesture. “Hold on, hold on, Emil. I don’t think it was one of our employees, at least not one of our Chinese employees. I went by the newspaper office to place a classified advertisement yesterday afternoon, and I think that’s how the information got out.

“Besides, I talked to both Peng sisters when they were hired and I feel confident that they do not discuss our business with outsiders, even among their own people.”

“Fine, yeah, I should’ve known. Sorry for the tirade, David. It’s just my nature to worry about things like that, I reckon. So, are you going to hire this man?”

“Well, here’s the issue: he studied law in Macao. He was a practicing lawyer in Hong Kong for eight years.”

“A lawyer? Why did he leave Hong Kong?”

“He was working for the Crown’s Office of Public Prosecutions and he ran afoul of a criminal gang. They killed his wife and son while he was at his office and they attacked him after he found the bodies, but he managed to escape ... That was five years ago.”

Malik was shaking his head. “Much as I’d like to, we can’t take him on as an attorney because he can’t obtain citizenship and they’re not admitting any non-citizens to the Arenoso bar.”

“He knows that. He’s been working for Mister Fu-Chun as his supplies manager, but he misses the law, he says. He’s even willing to accept a reduction in pay just to have some association with it, again.”

“What’s his name?”

“Fang Bai.”

“What did you tell him?”

“That it was strictly a clerical position.”

Malik turned to look out the window toward the county courthouse. Then he sighed. “If he wants the job and he understands its limitations, I’d say go ahead and hire him. Have you talked to Jonathan and Wil?”

“Wil’s gone to Shepherds Crossing for a court appearance. Jonathan thinks we should hire him, with the same reservations you’re expressing.”

“What do you think?”

“Hire him as a clerk. If he shows more potential, maybe we could promote him to a law clerk, let him take care of some of the research and such. Once we’re confident he’s familiar with the differences between the American and British systems, maybe he could write some briefs and assist in court.”

“I was thinking that, too. When is he coming back in?”

“He’s still downstairs.”

Just after close of business that afternoon, Malik, Andy, and Lee Jin walked out to the bridge site. There, the north end of the bridge was still supported by the temporary piers of railroad ties, though the Santa Fe crane was still attached. The rented Southern Pacific crane had been returned to Junction City. The top of the south abutment was draped with sheets of oil cloth, held in place against the upper stonework with rocks and ropes. Four men were setting up a tripod-supported boom apparatus under the bridge. A two-foot wide clamshell bucket rested nearby.

Pete Pottinger was on the bridge, still tapping away with his heavy steel mallet. Malik and his companions walked onto the bridge from the north end.

“So? What’s the story?” Malik called, as they approached Pottinger.

The engineer looked up and said, “Well, if there’s something wrong, I can’t find it.”

He hung the mallet from the sagging tool belt at his waist. “I think we’ll put it back in service Thursday at noon. After we lower it onto the masonry, we’ll keep the temporary piers under it to catch the weight if something should fail. We’ll set up the same type of temporary piers under the south end, then give it a couple weeks, just to be sure. We’ll clear most of the backlogged freight on Thursday afternoon, then we’ll inspect it again before the passenger trains cross it on Friday morning.”

“What are they doing down below?” Andy said.

“Huh? Oh. They’re setting up a shovel to retrieve the spilled coal off the river bottom.”

“Then you expect we’ll be fully operational by the first of the month?” Malik asked.

“I expect so. I hear July first is to be a big day around here.”

“Damn betcha,” Andy said. “Not only the opening of the resort in Dorado Springs, but the inauguration of sleeper and dining car service. We’ve had advertisements out for weeks. This bridge could have put the kibosh on all of it.”

Pottinger looked thoughtful, then said, “You don’t suppose that might have had anything to do with this, do you?”

Malik replied, “Maybe, but they’d have been better off waiting until Sunday, or even any day this week.”

Pottinger said, “That would have made more sense.” He looked over at the big crane, looming dark and silent on the tracks. “In any event, we’ll have pairs of armed guards at every bridge on the trunk from Saturday morning until Tuesday evening.”

“How many bridges is that?” Andy wanted to know.

“Nine. Nine structured bridges, that is. Not counting twenty-seven culverts of various sizes. But, if someone wants to make trouble, they could derail a train anywhere. As a last precaution, we’ll be running locomotives with empty passenger coaches ten minutes in advance of the regular passenger consists.”

“A decoy train, then?” Malik asked.

“Exactly.”

Saturday, June thirtieth, Malik had his car joined to the northbound passenger consist. With him was Blue Maize, Peng Yan, and Lee Jin. Andy, in Chen Ming-teh’s private coach, borrowed for the occasion, joined the southbound, headed to Junction City. He was accompanied by Long Hand, Christina, Wren, and baby Luke.

Since the standard rental package at the Spa had guests arriving on Sunday and departing the following Saturday, the brothers intended to meet and entertain the guests coming to the opening week of the Hacienda and Spa at Dorado Springs. They would also troubleshoot any problems with the inaugural dining car service. The new sleeping car service was to be overseen by the K&ASR.

Blue Maize was delighted with the trip on the railroad, never having traveled by train before. Fergus Healy was the conductor for the northbound leg and Jimmy McGillycuddy for the return trip. Both of them enjoyed Blue Maize’s insatiable curiosity and were more than happy to answer his many questions.

Everything could not have gone smoother. The resort guests were impressed and gratified to be met by a genuine Indian chief. Blue Maize, tongue in cheek, even wore a buckskin shirt and trousers, bedecked with beads and tassels, and he wore two feathers in his hair. After passing Waypoint, however, he changed into his usual dungarees and colorful cotton flannel shirt, along with his Stetson-like, summer straw hat, explaining to the guests that the buckskins were more for their entertainment. That maneuver actually opened up some serious conversations between the white guests and the Sonora clan leader.

In an aside to Malik, Peng said, “Perhaps someone of the Sonora clan might accompany each Sunday trip, to engage the guests in conversation. Or maybe just to tell the history of the clan. They could ride in the dining car’s lounge section and talk to the guests there.”

“That’s not a bad idea. We’d need especially good people, though.”

“Long Hand and Red Salt would be good,” she said. “They could wear their deputy marshal badges. It would provide an opening for people to ask questions.”

Malik turned his head to look at her. He just smiled, then turned back to the guests.

The resort opening, itself, was no less successful. The guests, on the whole, seemed intrigued by the juxtaposition of a water-featured resort in the high desert. The fact that the resort was managed and staffed by Indians, as well as the significant Mexican community, made the location just exotic enough to give the visitors a feeling of adventure. When coupled with first class food and service, it also became satisfying and relaxing.

Mockingbird was surprised to discover that the resort’s concessions, that is, the sale of ranch and riding clothing, of hats and boots, and the various souvenirs, made a substantial contribution to the bottom line, at least as proportioned to their relative expense. At the same time, the jewelry, craft, and food vendors around the plaza were doing a land office business.

Other than normal start-up muddles and missteps, the only truly negative event occurred when one couple left the resort on Monday. The wife was unable to relax, rest, or even sleep because she feared for her life while surrounded by Indians. Mockingbird decided to reimburse their entire fee and to follow-up with a friendly, business-like letter and offer a discount should they choose to return within a year.

On hearing of this, Sheriff Nathan Ulney said, “A discount? Seriously? And I thought payments were advertised as non-refundable.” Ulney became involved when the woman had demanded that the sheriff escort her and her husband to the train station.

“Mockingbird thought it would be a better show of the resort’s civility if we refunded their money,” Malik said. “She’s trying to mitigate the damage the woman might cause through word of mouth. In the larger scheme of things, the loss of that money will not be significant. On the other hand, a tale of off-putting and frightening experiences can hurt our reputation.”

“I don’t know,” Ulney said. “That women was being unreasonable. It seems like she’s being rewarded for it.”

“Even if she is, that’s not the pressing business concern for the Spa. Think about it: Those people are going to tell their friends about their experience, which was pretty bad, from her point of view, even if it wasn’t our doing. But that’s not how she will tell the story. That woman will talk about being at the mercy of savages and how they had to flee for their lives, protected by the sheriff. But our real concern is that the people she’ll be talking to are potential guests for the Spa. That woman’s vitriol can poison that well.

“So Mockingbird is writing a new chapter for their story. It may not wholly overcome her ill feelings or the bad things she’ll say, but they will be left with written evidence that her complaints were dealt with respectfully and in a business-like fashion. It increases the likelihood that they’ll tell the whole story, our story, to their friends.”

“Yeah, maybe. I mean, I see your point, bur still, that woman was being an ass.”

“And we’re simply trying to quiet her braying among her rich friends.”

For the next few weeks, Malik devoted himself to his law practice and to planning both the Sundown Ridge and Riverside developments. Andy, his ranch and mine management duties well in hand, spent more time working with his brother on the real estate planning. For that purpose, they worked from the desks in Malik’s business coach. Malik even had a telephone line installed. It came directly from the exchange building next to his siding and could be temporarily detached when the car was moved.

The brothers also spent more time at the ranch, sometimes riding the stage coaches, but more often making the twenty-seven mile journey on horseback. Lee Jin accompanied them on those visits. By the end of July, Peng Yan was able to ride horseback. She alternated, one week going to the ranch on Friday with the brothers, the next week staying in town with her sister.

On the second Saturday in July, Peng Delan invited Fang Bei, the new lawyer-clerk at the law firm, to have supper with her and her sister. After that evening, Delan and Fang began to keep company.

The Malik brothers, along with Wilber Shea, attended the railroad’s executive committee meeting on July nineteenth, Peng and Lee accompanied Malik. A number of decisions were finalized and several documents signed regarding the Sundown Ridge development.

On their return, the Maliks and their “retainers” debarked the train at Texas Bend and rode in the crew car of a Kylie Loop work train to Summer Lake, where they were met by Christina and the Malik family coach. While the others went on to Ranch Home, Lee stayed in Summer Lake to visit with his family. Shea had remained on Malik’s business coach to return to Waypoint and to his wife at the Kuiper boarding home.

With construction crews working from both ends of the line, and with the relatively easy going over Independence County’s gentle grades, the K&ASR’s Kylie Loop was completed by July twenty-seventh. While not offering scheduled passenger service, per se, the freight trains on the Kylie Loop used crew cars that had been converted from passenger coaches. Half of each car was kept in passenger coach configuration to accommodate anyone wanting to travel to the main trunk at either Kylie Junction or Texas Bend. A limited, but steady ridership developed. Several new businesses opened in both Kylie and Texas Bend.

It was anticipated that the Penitente Mesa mine spur, for which track bed construction had been underway since spring, would be completed by early winter.

The last week in July saw construction begin on a new branch from the Long Valley Mine Spur. The new line would run north from a point just below the smelter, up the Toonilini Valley, to a new copper mine in southern Franklin County. The mine was owned by a consortium of Franklin County residents and businesses.

Also that week, surveyors began planning a route that would extend the Long Valley spur further north along Dry Creek to a gold mine in northern Franklin County. The new gold mine was owned by K&AS Land Resources.

Sunday, August fifth would see the ground-breaking ceremony for the opera house and the Sundown Ridge Park in Waypoint,

However, just after four-thirty on Saturday afternoon, Malik, who was at Ranch Home, received a telephone call from the depot in Waypoint.

“Mister Malik,” the telegraph clerk said, “we received a wire for you from the Long Valley Mine Spur. There’s been an explosion at the smelter. At least two men are dead, including a man named Peng, uh, Zhao. The wire is sent by John Kelly.”

“Read it to me exact, please.” Malik said.

Yes, sir. Here it is: ‘Emil Malik, Waypoint Stop Explosion in number two furnace Stop Two dead Stop Peng Zhou dead Stop Halting operations Stop John Kelly Ends.’ That’s it, Mister Malik.

“Hold on, son, while I think,” Malik said into the phone. He stood, staring at the floor in the hacienda’s great room, while his brother, Christina, Matilda, Wren, and Peng looked on. After a minute, he said, “Please send this wire to Lee Jin, that’s capital L-E-E, capital J-I-N at Summer Lake. Here is the message: ‘Leaving for smelter via Waypoint at six o’clock this evening.’

“Do you have that?”

“Yes, sir.”

“Here’s another one, a reply to John Kelly’s telegram: ‘Will arrive smelter late this evening. Send details of injured men to Doctor Kagan.’ Sign it from me. Did you get it all?”

“Yes, sir.”

“Can you see that Doctor Kagan gets a message from me? You can bill me for a telegram, if needs be.”

“No charge, Mister Malik.”

“Thank you. Please tell her I will be departing for Kylie Junction at about eight this evening, if she feels that going along would be helpful.”

“Uh, Mister Malik. We’ve received notice of an extra train departing from Kylie Junction in about an hour. I think they’re bringing the injured men here. But I’m not positive.”

“Well, just send the note to Doctor Kagan, anyway.”

“Mister Malik, I’m getting a message from Kylie Junction. Can you wait a moment please?”

“Of course. I’ll wait.”

Malik gestured to Andy, “Can you listen to this until he comes back on?”

“Sure, but what’s happened?”

“In a minute, please.”

Malik handed the receiver to Andy, who stood at the phone cabinet, which was hanging on the wall at a height of five feet.