Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1937-03-20

NOtnlng DuS DAOOa VI BAOunu
goes"
Those were fighting words among
the placer miners on Bear creek
In western Montana in 1867. AS a
result of them being banded back
and forth among group of pros
pecfOrs that year, Bill Berry, an
Old-timer in the region and for
many years afterward a resident
of MissOula, always claimed that
according to the records he was
in Jail at Deer Lodge and not walk
ing about the streets of MissOula
as he seemed TO be.
Bill, as a matter of fact, was fined
$50 for contempt of court, along with
a number of others, by Judge Willis
ton at Deer Lodge. The men were also
ordered to pay SAG costs each, and were
ordered to Jail until the fines and
costs were paid. However, there was no
jail-there wasn't one in the territory
at that tine-and the boys just nat
urally paid no attention to the item
Of costs. They walked from the court
room where the judgment had been
rendered. mounted their horses and
went on home.
Early in the spring Of 1867 three
MisSourians had located bar claim
on Bear creek, and were having
trouble holding it, An Englishman
named William Ely held the creek
claim at the same place, and under
the mining law as it was being admin
istered at that time, was therefore the
rightful owner of the bar claim also.
The Fighting Claim
The MiSSourianS offered Berry
quarter interest in their bar claim if
he would help them hold it. He told
them that he would take them up if
they would obey his orders. They agreed
to that, and Berry took command. The
claim was long afterwards known as
the Fighting Claim" because of the
legal battles which we're waged over
it. There was never any actual shoot
ing, although the situation looked Sc
rious several times.
After Berry and his partners started
working the claim, Ely went to Deer
Lodge and obtained from Judge Viii
liston an injunction intended to halt
their operations. Berry said afterward
that Judge WilliStons injunction was
a queer looking document-written on
rough paper and not official looking.
Also, it was served on him, as boss Of
the claim, by a private citizen named
Williams, who had no authority to
serve 1t. Berry told him so and he and
his partners kept right on working.
On Ely'S claim there was an almost
perpendicular raise of bed rock. The
law was that all creek claims should
run from summit to summit and take
II al OARS. OpOu IldJ ltBd1 uSIAl1JlOu
Ely claimed the ground which Berry
and his partners were working.
Legal Battle Started
Berry, however, refused to see it !
that way
Ely hired big Irishman named Mike /
Sullivan to- work for him.
Both sides kept on working on their |
respective claims and finally Ely pro-
posed they submit their dispute to I
referee. Berry stood Ely off for time, |
but finally decided to acquiesce to the /
request. He found Sullivan, Ely's man, /
in Jim TalbotS saloon one night and |
said:
Mike, tell Ely that Wen leave the |
case out" (The manner in which /
referee proceeding was referred to at
''No," replied Sullivan you'll not
leave it out. Nothing but blood or
ground goes"
"Well, that suits me-" replied Berry.
Nov we know where we stand"
The next morning Berry and his Mis-
SOurianS tore down small log cabin
located about 200 yards from their
ground, and which was unoccupied, and
moved it to the bar. They marked the
logs as they took them from the build
ing and speedily erected it again in
its new location, after dragging the
logs there with horses.
]
cabin, Ely and Sullivan were out rust
ling fighting men. Berry also recruited
several. When, next morning Ely and
Sullivan approached the cabin there
were Is men in it, all armed and with !
plenty of ammunition. The cabin was
about 20 feet wide, 80 feet long and
the walls were Is feet high. It had no !
roof. The only way the attackers could
get to the men inside was either by
crawling under the sides or climbing
over the top.
Ely and Sullivan walked around the
place and looked it over while the IS ]
men inside watched them through the t
chinks and made pointed personal re- 6
marks to and about them, pushing the S
muzzle Of rifle or revolver through
q chink now and then Just to give r
emphasis to their words Ely and Sui r
hvan retired to their own camp and 1
sent three men up under a flag of t
truce to talk the situation over. The s
conversation was carried on through b
y u u I