The death of the death of dueling damages

Montanans are still liable for damages they cause during a duel, at least as far as the state’s archaic legal code goes.

Of course, the actual act of standing at 10 paces and killing someone, even if mutually consensual, remains a criminal offense.

But the Montana Senate on Friday voted down a bill that sought to remove a statute requiring an individual to “provide for the maintenance of the spouse and minor children” of their opponent, and pay all of their debts.

House Bill 247, brought by Rep. Braxton Mitchell, R-Columbia Falls, was billed as a simple code cleanup bill requested by the lieutenant governor’s office. 

In the first hearing on the legislation in January, Lt. Gov. Kristen Juras said that due to the illegality of killing another individual, the 1895 statute needed to be removed because “it implies that dueling is legal. It is not.”

The bill passed the House, 84-16.

But the Senate had a different view, with several senators taking great pleasure in the idea of keeping hypothetical duels in Montana statute. 

“Dueling is not specifically illegal in Montana. It’s against public policy because it’s against public policy to kill people,” Sen Andrea Olsen, D-Missoula, said on the Senate Floor. “…I do think if you’re willing to kill somebody over an issue, you should be willing to die over it. And I even think it’s a great thing if you’re willing to compensate the family for the damages you’ve caused. That’s what this statue is, it’s the remedies for dueling.”

Olsen said that the only reason given in committee for removing the statute was that it was considered “code clutter.”

“This is at least code clutter that brings a smile to everybody’s face. It actually hearkens back to the past in a way that is very interesting,” she had said during committee. 

Sen. Daniel Zolnikov, R-Billings, said the statute was one that gave him peace of mind. 

Laying out a scenario where in order to defend his honor, he challenged Sen. Greg Hertz, R-Polson, to a duel, Zolnikov said he would likely lose that fight. 

But, “he’s now responsible for making sure my child and spouse are taken care of. And I like that in law,” Zolnikov said. 

Hertz said it would “be my honor,” to take care of the remaining Zolnikovs, if he won such a duel.

Before the Senate voted down the bill, 16-34, Sen. John Fuller, R-Kalispell, reminded his colleagues that anybody challenged in a duel has the right to designate the weapons and conditions of the face-off. 

“I suggest they do as Abraham Lincoln did,” Fuller said. “Cow pies at 10 paces.”