Montanans in the 1800s romanticized duels. Newspapers enthralled readers with stories about duels happening in Europe and southern states from Kentucky to New Orleans.
The Anaconda Standard reported in 1897, “Men’s Honor Was Once Upheld By Sword and Pistol.” The story celebrated the mystique of gentlemanly duels, when really, duels rarely happened in “Wild West” Montana.
A reason might be a law on the books making the aggressor liable.
Last week, Montana Representative Braxton Mitchell, R-Columbia Falls, reminded his fellow legislators that this antiquated law was still on the books. Mitchell’s House Bill 247 takes aim and blasts away the obsolete language about dueling in Montana.
On Feb. 5, HB 247 was approved 84-16 by the Montana House of Representatives and appeared on its way to the Montana Senate where it is expected to pass.
“This wasn't a bill I thought it'd be bringing this session,” said Mitchell. “But after working with the lieutenant governor on more serious red tape relief bills, she mentioned this outdated section of code from 1895.”
Montana’s anti-dueling law deterred would-be duelers by sticking them with an early form of child support.
“If a person slays or permanently disables another person in a duel in this state, the person shall provide for the maintenance of the spouse and minor children,” states Montana law.
“By repealing this, it effectively removes any legal recourse for injuries or fatalities in such incidents. This bill is supported by the Montana Defense Trial Lawyers, for obvious reasons,” said Mitchell.
Dueling Draws An Audience
The duel between Alexander Hamilton and Aaron Burr in 1804 set the stage for a century of newspaper stories about duels.
Readers of the Cheyenne Daily Leader in 1888 learned about the “times when honor demanded gore.” The article then traced the use of “fashionable dueling weapons” back to Ireland, and “numerous gentlemen of social standing and of experience in dueling.”
On Jan. 29, during a Montana House Judiciary Committee meeting, Mitchell shared his own historic deep dive into dueling.
“We're not the only state with some of this,” said Mitchell. “The Kentucky Electoral College, before officially casting their votes for the nation's president must swear that they've never been involved in a duel with a deadly weapon due to an 1850 clause in their state constitution.”
In Arkansas, said Mitchell, any individual who takes part in a duel cannot serve in public office for over a decade.
The topic clearly amused members of the Judiciary Committee, with Representative SJ Howell, D-Missoula, offering a motion that landed like a punchline.
“Madam Chair, I just wonder, since it might be our last chance, would you entertain us taking a vote by duel on this bill?” asked Howell, as committee members chuckled.
Representative Tracy Sharp, R-Polson, returned fire with his own one-liner: “I have a very strong opinion about dueling. I'm for it.”
Contact David Madison at david@cowboystatedaily.com
The duel between Alexander Hamilton and Aaron Burr remains the most famous in American history. Hamilton professed to hate dueling, but he reportedly participated in four other duels before his fatal showdown with Burr. (National Endowment for the Humanities) 
Montana state Rep. Braxton Mitchell, R-Columbia Falls, stumbled upon Montana’s antiquated dueling law while working on Montana Lt. Gov. Kristen Juras’ “red tape relief” effort to make state government more efficient. (Montana Legislative Services) 
Dueling used to make headlines like this one from an 1893 edition of the Madison County Monitor in Pony, Montana. (Madison County Monitor)
David Madison can be reached at david@cowboystatedaily.com.
