Daily independent. [volume] (Elko, Nev.) 188?-1915, 1910-09-02
REMINDER or :. 0LD< j1iIES

nor accepted challenge to fight
a duel, nor been a second to either
party, nor in any manner aided or
assisted in such duel, nor been
knowingly the bearer of such chal-
lenge or acceptance, since the
adoption of the Constitution of the
State Of Nevada and that will
not be so engaged or concerned,
directly or indirectly, in or about
any such duel during my continu.
ance in office so help me
God" .. 49,.
The foregoing form of outh,
prescribed in the Constitution of
Nevada, must be taken. by every
per son holding public office or in
any way required to take official
oath, inc uding officers anG
directors of mining and other
companies, notaries r.. public,
legislators and all office holders of
every description. The manner in
which this form becomes in.
corporated in the Constitution of
the State is interesting and dates
pack to civil war times. The code
Of honor was recognized in the
early day; both in this state end in
California and many duels were
fought on the Comstock before the
year 1861 when Nevada was ad-
mitted to statehood.
One Of the historic duels, which
vas called off in time to avert a
tragedy, was that for which Marx
Twain and other newspapermen
prepared and description of which
had been written by the great
humorist. While practising with
pistol in gulch near Virgins
City Clemens, so the story goes,
Accidentally shot a small bird
which VS. flying by. The feat was
witnessed by one of his adversary's
seconds who Immediately reported
to his principal the phenomenal
craftsmanship of Twain and
apologies and proposals for peace
we're Immediately Forthcoming.
In 1859 occurred the famous duel
between United States Senator
Broderick of California and Judge
David Terry, chief justice of the
California Supreme court. Political
difference between the two men,
famed by an acrimonious news
paper battle, eliminated in a chal-
lenge from Terry to Brodericl
and in the ensuing duel, which was
held in what is now San Mateo
county. Broderick was killed. This
killing caused a crystallzation of
popular sentiment against the
practice and when the Constitution
If the State of Nevada was drafted
in 1861 the anti-dueling provision
was inserted with the unanimous
consent of all the delegates to the
two constitutional convt ntions.
Under the provisions of the con-
stitution any person participating
in duel, either as a principal or
second, was disqualified from hold
ing any Office or any position req1ir-
ng the administering of the official
oath. 1t may be mentioned in
passing that Judge Terry was later
;hot and killed by Dave Maggie, a
notorious gun man and fighter, for
IN attack upon Chief Justice Field.
This killing took place in Lathrop,
Cal in the late eighties when Maggie
was acting as personal body guard
for the aged Justice Field and
Terry, who was known ass fire.
eater and a man liable to shoot
upon the slightest provocation, had
threatened the life of Field. So
strong had become the sentiment
against dueling that this means
was resorted to put an end to the
practice among the better class of
citizens who were prone to call out
an enemy on the field of honor for