The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-14
From the Daily of Thursday.
GAG Law
War in Park Canyon-Enforclne
Rights at the Point Of the
Revolver.
Participants Arrested Under tina
Provisions Of the "Gag
Law"

sA0AOA0 VI GA0 1a2
Law"
The first case under the provisions
of the famous ''gag law" which has
come to the surface since a strenuous
effort was made for its repeal in the
late Legislature, occurred yesterday;
and 1t is a remarkable coincidence
that the offence, for the punishment
OF which the formidable enginry of
the law is now Invoked, grew
out of a DISPUTED title to mining prop
erty largely ownedb BY Hon. A. G. Wit
ter, who was one of the most earnest
advocates for its repeal in the recent
Legislature. just at the mouth of
Park canyon, about four miles south
east from Butte, Messrs. Edmund
Williams, J. Ellis, James Burns and
Frank Forquer own a quartz lode
claim called the Northwestern; and
the Malta mining claim adjoining
the Northwestern on the south, il
owned by Aaron c. Witter, Under
Sheriff H. G.. Bodley and others.
The owners of the Northwestern
claim that the Malta, as located, in
fringes upon their property, taking
IN several hundred feet of their sur
face ground on the southwest corner
of their claim. On this disputed
ground the owners of the Malta lode
discovered a magnetic iron deposit,
and for some time past have had
men and teams employed extracting
the ore and hauling it to the smell
tiers, where it was used for 1ux. Last
Tuesday one ofthe Northwestern own
ers appeared on the ground and Or
dered the Malta men to quit work.
The men said they were working for
wages and refused to stop. The man
then said, "It's all right for to-day,
but if I find you here tomorrow I'll
make it hot for you" Tuesday even
ing the men came into town and in
formed H. C. Bodley of what had
happened, and were told to go back
to their work the next morning, and
he (Bodley) would be there at 7 a.. m.
to see that they were not molested.
Mr.. Bodley accordingly went out to
the mine yesterday morning, and
there being no indications of the men
being interfered with, he was about
to return to town at about 9 a.. NJ,
when the owners of the Northwest
ern appeared on the scene, accompa-
MED by James Harrison, all but one
carrying weapons in their hands, one
being armed with a seventeen shoot
ing Henry rifle and three with for
midable locking revolvers.
Edmund Williams seemed to be
the leader of the party, and advau-
cling toward the teamster, who was
just starting for the Bell smelter with
a load of ore, pointed his revolver at
him and ordered him to stop. Mr..
Bodley, who had been standing some
distance off, now approached Will
liams and demanded to know what
these proceedings meant? Williams
Informed him that they were there
to prevent any ore from being hauled
away, land by Cd we have come
prepared to do it. even if
it is necessary to kill some
body or get killed." Bodley
then told the men he was an officer
and there for the purpose of preserv-
ing the peace; that it was his duty to
arrest them, and called upon them to
surrender peaceably. No move be-
ing made indicating an intention to
surrender, Bodley commanded them
to throw down their arms. One
of the men said, "You'll arrest us
when we let you" Bodley replied,
'I'll arrest you anyhow" and step
ped forward to arrest the appar-
ent leader, Williams, but Will
liams leveled his cooked revolv-
er upon Bodley, who finding himself
into the muzzle of a gun,
was held about twelve inches
his nose, and surrounded by
three others which were pointed in
his direction at uncomfortably close
quarters, he concluded they had the
drop on him pretty e%ffectually and
called for a parley. He urged upon
the men tho futility of resistance to
the law, and presented the case in
such forcible terms as to finally
them to surrender. He
brought the five men to town and
them in the county Jail.
were entered against
hem under sections 1913 to 2O2, Re-
vised Statutes, commonly called the
gag law" and Judge Wilcox
ixed the bail at one thousand dol
ars in each case. Bail was given
md the men released late in the af-
;ernoon. Under the statutes the Of
'ense is a felony, and the cases will
oe heard on preliminary examina-
ion to-day or Tomorrow.
E. S. Thompson was retained as
attorney for the defendants. In ans
to a question by a MINER re-
yesterday Mr.. Thompson said:
MY clients are protecting their
lights. The Malta claim infringes
N the Northwestern, which they
,wn, and upon which they have done
300 worth of work, in sinking a p
DOT shaft and running a los foot
They have done enough