Spurred on by the secret practice of a few cattlemen in advancing the price of mavericks to cowboy rustlers, the stock association prepared the “Maverick bill,” which was passed by the legislature in 1884. This law made it a felony to brand a maverick, save under direction of an appointee of the stock association, and then with the letter M, as the property of the state, to be sold each April in advance of their gathering, to the highest bidder for cash, certified checks being required to accompany the bids for the estimated amount of the purchase. The money went to the state and was used in paying the expenses of the cattle round-up and inspection. The law was declared unconstitutional by many of the leading lawyers, and deemed to be in the interest of corporations with large holdings. It was directly contrary to the education previously given the cowboys, and juries made up in whole or in part of old-timers naturally hesitated in the matter of declaring a man a thief for doing what the law-makers themselves had taught the people to do. Hence, there was some trouble in convicting men for appropriating mavericks, but when branded cattle were stolen and proofs made, convictions followed. CHAPTER I. WAR ON THE RUSTLERS--THE HANGING OF JIM AVERILL AND “CATTLE KATE” ON THE SWEETWATER There being a few reckless fellows in various parts of the state who lived by the theft of cattle and horses, it was comparatively an easy matter to create the impression that the losses sustained by cattlemen were much greater than the facts supported. It was as easy to say that a hundred big steers had been taken as to tell the truth and say that one or two were missing, and that some one had undoubtedly stolen them. This report of wholesale stealing excited the sympathy of the people generally, and here was a point gained. So many cattle could not be stolen by the few known thieves; there must be hundreds engaged in the nefarious business. Of whom does this army of brand-burners consist, was a very natural question. Somebody answered, “The little stockman and settler.” Very soon it seemed to be understood that the owners of large herds looked upon all the settlers and homeseekers as rustlers among the herds for mavericks (unbranded animals), and the name “Rustler” was used as synonymous with settler. This free use of an offensive term created more or less bad blood and was a direct encouragement to the actually vicious, because they could commit more thefts and charge them to the settlers.