Under This Unbroken Sky (24 page)

He demands that Mama write letters to the land office and report that squatters are on their property. He composes the letters himself: offering proof about how much work he’s done on the land, clearing the fields, erecting buildings, cultivating and sowing, he cites all the legal facts of the case, that the land is in his
wife’s name, and that they just need to check the homestead entry records. He tells them that Teodor is a convicted criminal and by their law he has no right to own land. He asks with all due respect that the trespassers be evicted.

Initially, Petro was confused by his father’s stories about doing all the work. Petro couldn’t remember him there. He remembered Teodor being dragged through the mud behind the plow, sitting in the cart’s shade eating cold pyrohy, the mosquitoes, and the Indian arrowhead. He remembered the fire, the smoke, the smell of burning grain and singed hair, his uncle standing up against a wall of flames. He remembered stooking the wheat with his cousins, sun-burned shoulders, and dust in his eyes and up his nose. He remembered his uncle felling trees and the horse dragging logs to the top of the hill. He remembered them moving and Teodor bringing him back to his own house. He remembered holding his hand and not wanting to let go.

But after a while, he made himself remember that his father was there too. And soon his father was doing all the things that Teodor had done. He practiced these memories until Teodor disappeared and only his father remained. Occasionally, Stefan would appear wearing Teodor’s clothes or speaking in that calm, low voice his uncle used when he spoke to horses and children. When that happened, Petro knew the memories were lies and wiped them away.

At first Mama wouldn’t sign the letters, no matter how loud his tato yelled. She covered her ears. She burrowed under the covers. She chanted,
I can’t, I can’t, I can’t
. Tato stroked her hair, gave her a drink of water, spoke softly in her ear, put the pen in her hand.
Sign it.

Finally, he walked away from her. Didn’t say another word. He gathered up his clothes, his comb, his tin cup, his flask, and stuffed them in a burlap bag.

“Where are you going?” she asked, her voice trembling.

He put on his hat and coat and walked out the door. Petro clung to his legs, and when his father flung him aside, he got right back up and grabbed his sleeve. He promised to be better, he promised never to cry ever again, though he couldn’t stop then. He pleaded,
Don’t go
, and then he begged,
Take me with you
. He promised to work hard and make lots of money. His father hollered at him to get back in the house. Lesya pulled him inside. He kicked at his mother as she rushed out the door after Stefan. He screamed,
This is your fault!
Lesya slapped his face.

He watched his mother chase after his father. Her bulbous body floundered through the snow. Her cape spread out behind her like crow’s wings. He made her chase him almost to the road. She wrapped herself around his ankles. He stood like a king. He helped her back up to her feet. Petro could see her head nodding. His father put his arm around his mother and brought her back home.

She signed the letters. Stefan kissed her on the forehead and told her that soon he’d get her that big white house. He’d cut wild roses for her every day. He’d run her a hot bath in the cast-iron tub and the water would never get cold. She’d sleep in a brass bed and at night they’d turn on the electric lights and stay up way past dark. Soon they wouldn’t have to remember any of this.

Petro slides the stone heart over his own heart. He breathes in deep, watching it rise and fall. Now he remembers where he found the stone. It fell out of his chest the day he was born.

LESYA NAILS A BLANKET TO THE INSIDE WALLS OF THE chicken coop. She stuffs the cavity with straw and chinks the holes with cow manure. The gray wool diffuses the light, casting a warm glow. The hens cluck appreciatively.

She fluffs the straw covering the floor, shaping it into a knee-high mound. She steps into the middle, compacting it with her feet. She sits, draping her skirt around her. She pulls the straw close. Kneading it into place. She curls up in its roundness. Makes herself small.

DEPARTMENT OF LANDS AND MINES

November 3, 1938

Dear Sir

I was farming in the Northern district until 1935. In 1936, I went broke, had to vacate the land, but had no other place to move to and therefore had to go on a homestead. My sister advised me to file a homestead in her name, with the understanding that she would abandon the same in my favor when the necessary improvements to earn patent had been done by me. Having no other choice but to do so, I secured a quarter-section in my sister’s name and have settled there with my family.

After I broke 6 acres on the said land, erected a house, barn, granary and fencing, my sister’s husband, as well as my sister, are asking me to vacate this quarter-section. Please advise me whether or not my sister is in the right to take this land from me that I have paid my own entry fee. There was a paper signed and my son can say what it said.

Yours truly

Teodor Mykolayenko

November 7, 1938

Madam

I am in receipt of your letter, having reference to your Homestead entry and note your statements concerning the occupation of this quarter-section.

This office has already been advised by the said party that he is your brother and he went into occupation of this land with your permission and has completed all the improvements which are at present on the land.

If this is a fact it would appear that you have not been completing the required duties in connection with this entry and the entry is liable to cancellation.

You might be good enough to furnish me with a statutory declaration as to the actual improvements completed by you at your own expense on this quarter-section.

Until this matter is resolved the $10 entry fee will be held in trust.

Your obedient servant

John Bosford

Agent.

DEPUTY MINISTER OF LANDS AND MINES

November 12, 1938

Dear Sir

I would like to know what I can do from the Deputy Minister. There is a man that he is living on my wife homestead. He told me I could charge him to live on your wife homestead and then when another homestead opened then I will find some kind of a homestead and I will pay. So now he doesn’t want to go from it. And I don’t know what I have
to do. I made improvements on the land and plowed 2 acres. I gave him notice to pull out but he doesn’t want to. I am pleasing you will give me the information what I have to do.

Anna Shevchuk

The man on the land is Teodor Mykolayenko

TRANSLATION JE/ 20/11/38.

DEPARTMENT OF LANDS AND MINES

November 14, 1938

Dear Sir,

I am writing in my own language, as I am unable to write in English and have no money to pay someone else 25 cents for doing it for me.

I received your letter in which you ask me to make a settlement with my sister.

First: I cannot come to any agreement with my sister because I cannot vacate this land where I have been working.

Second: she is unable to pay me for my work. She asks me to move from this land, but where shall I go?

Third: I did all improvements. I cleared, broke and cultivated 6 acres on the land. I built all the buildings: the house, barn 12 × 16, and well 15 feet deep.

In view of the above I am of the opinion that the Department alone can settle this matter between us, because I will not move from here. If I should vacate this land I would be forced to go on relief and become a public charge.

Yours truly,

Teodor Mykolayenko

FROM D. H. BURNS

DIRECTOR OF LANDS

November 19, 1938

TO AGENT OF PROVINCIAL LANDS

EDMONTON, ALBERTA

RE: N.E.2-64-6-W, 4TH MERIDIAN

I understand from your communication and the letter from Teodor Mykolayenko that Mrs. Shevchuk was granted homestead entry of the above land; that prior to having acquired the land, she entered into an arrangement with her brother; whereby the brother, who was not eligible to make entry for land under homestead regulations, was to make certain improvements necessary in order to earn patent; and that the entrant was then to abandon the land in favor of her brother.

It is further noted that the entrant refuses to carry out her part of the supposed arrangement.

Mykolayenko claims to be in residence on the land. From his communication he claims he is in residence for the reason that he has no other place to go because this is his land.

This would appear to be a case where there was a collusion between the two parties and now that they have disagreed it is desired that the Department arrange a settlement.

Mykolayenko should be informed that his representations cannot be given consideration by the Department, that the land is a homestead entry in the name of Anna Shevchuk.

If there was any work performed by him for his sister, the entrant, and for which he has not received payment, it would appear to be necessary to take action in the civil courts and is not a matter which the Department can in any way enter into.

HOMESTEAD INSPECTORS REPORT

NO OF REPORT 3419 (TAKEN IN FIELD)

RE: N.E.2-64-6-W, 4TH MERIDIAN

November 24, 1938

While engaged in inspection work, I was accosted by one Teodor Mykolayenko, brother of entrant on above land, and who is now occupying the land entered by Anna Shevchuk, and gave the following information. He gave his sister the sum of ten dollars and asked to (and she agreed) to enter the land in her own name for him. He said she signed a paper, which he could not produce.

He has built a house, barn, dug a well, broken 6 acres of land, cleared 4 acres ready for plow and cut 3 acres back. He is married, 5 children, and his wife is pregnant. He claims he is resident and doing the improvement work by reason that the homestead is his, as his sister got it for him and not for herself. Now the husband of Anna Shevchuk orders Mykolayenko off the homestead and threatens to take court action to have him evicted.

Mykolayenko says he will move off if his sister will give him not less than $500 for the work he has done. He says she refuses to even pay back the $10 filing fee. Anna Shevchuk has no labor or money in the place whatsoever, according to her brother. I warned Mykolayenko to be careful what statements he made, but he boldly admitted that he and his sister had conspired to procure the homestead for him.

No action of any kind was taken by me in the matter. This is for your information.

P. Lamond

Inspector Dominion Land

SWORN STATEMENT OF ANNA SHEVCHUK

November 25, 1938

IMPROVEMENTS

Six acres cleared and broke, work done by my husband and Mr. Mykolayenko and a borrowed plow. Mr. Mykolayenko being at the time hired by my husband.

In July, Mr. Mykolayenko started living on the above land. My husband spending two weeks with his horse and wagon to help Mrs. Mykolayenko move her goods and family a distance of 50 miles. Mr. Mykolayenko agreeing to pay for this in work.

House erected by my husband and Mykolayenko. The logs being cut by Mr. Mykolayenko who was hired by my husband.

Four additional acres broke by my husband with his own plow.

I hereby state that at no time did I instruct or ask Mr. Mykolayenko to do any particular work or improvements—any work or improvements done by him were of his own free will.

A. Shevchuk

Witnessed by Stefan Shevchuk

GOVERNMENT OF THE PROVINCE OF ALBERTA

FROM: F. W. NELSON

CHIEF TIMBER INSPECTOR

TO: J. HALL, ESQ.

DEPUTY MINISTER

RE: N.E.2-64-6-W, 4TH MERIDIAN

November 30, 1938

Complying with your request, I inspected the above land and interviewed the entrant and Mykolayenko who is in residence on the land.

I have attached affidavits from both parties concerned. It will be noted that the information contained in these affidavits is very contradictory.

I also interviewed several neighbors (Petrenko/Olynik) concerning the representations made by both parties. The impression held by the neighbors is that an understanding had existed between Mrs. Shevchuk and her brother, Teodor, that he was to get the homestead. I found nobody, however, who was willing to take an affidavit regarding this and none of them would say that they ever heard Mrs. Shevchuk allude to any such agreement. Their impressions on the matter were apparently received from statements made by Mykolayenko and words dropped by Stefan Shevchuk who is Mrs. Shevchuk’s husband.

While I feel that some such agreement probably existed, both she and her husband denied knowledge of such agreement.

I might add that the neighbors whom I interviewed all expressed the opinion that both parties were crooked.

While in my opinion there has undoubtedly been sufficient land brought under cultivation, as well as other improvements made to earn patent, it would appear under Section 17 of the Provincial Lands Act the entry is liable to cancellation and neither party should hold claim.

December 6. 1938

INNACURACY ABOUT IMPROVEMENTS

I build a house and I did pay for the work that is done on that farm and I have witness for what I done on Teodor farm.

Your truly

A. Shevchuk

December 10, 1938

Sirs:

RE: N.E.2-64-6-W, 4th Meridian

Referring to your letter I beg to advise that Mrs. A. Shevchuk obtained homestead entry for above described land. Teodor Mykolayenko, brother of the entrant, claims that he has resided on the land, performed the improvements, and that when Mrs. Shevchuk filed, the understanding existed whereby he was to get the homestead.

The whole matter is being investigated and when a decision is arrived at you will be further advised.

For your information, I may say that all homestead entries are at present under winter protection and although an application to cancel may be accepted, no action would be taken until the first of March next.