Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1863-11-18
Deadly Weapons,

1t is legal fiction, that "all men are
supposed to know the law" and that ig-
norance thereof excuseth no man, vet We
doubt not there are hundreds, and perhaps
thousands of persons in this Territory
who would be surprised to learn of the
existence of such law as that which is
upon our statute book concerning the ex-
hibition of deadly weapons. The daily
history of the country as it is being
made by the people and recorded by the
daily papers, would seem to indicate the
total absence of such law, or that, if it
did exist, it had become obsolete and
void. The following is the law on the
subject. Section 40 of the act concern
ing Crimes and Punishments reads as fol-
lows:
SECTION 40. That any person in this Ter
ritory, having. carrying, or procuring from
another personyany dirk, dirk knife, sword,
sword cane, pistol, gun, or other deadly
weapons, in a rude, angry and threatening
manner, not in necessary self-defense, or who
shall. in any manner, unlawfully use the
same, in any fight or quarrel, the person, or
persons, so offending, upon conviction there
OF, shall be fined in any sum not less than
one hundred, nor more than one thousand
dollars, or imprisonment in. the Territorial
Prison, not less than one, nor more than
twelve months, at the discretion of the court,
or both such fine and imprisonment, togeth-
er with the costs of prosecution.
1t shall be the duty of all mill
tary, civil, and peace officers, in this Terrific
~, to be yigilant in carrying the provisions
OF the act into full force and effect, as well,
also, as all grand juries, or grand jurors, to
inquire into and make presentments OF each
and every offense, under this act, which shall
+. come under or within their knowledge.
We often hear the propriety of law
against carrying deadly weapons urged
by citizens who are alarmed and disgust
ed by the everyday stabbing and shoot
ing which occurs in our midst. Could
such law be carried into complete effect,
no one can doubt that nine-tenths of the
scenes of violence, broodshed and death
would be avoided. The fact is, however,
that law against the carrying of such
weapons, is always powerless for good,
and is entirely imperative. 1t is impos-
Sible for officers to make search of all
persons, and where the weapon is con-
cealed and no intimation given of its pos
session there is no justiiable ground for
such search. When such a law exists,
the better, peaceably disposed, and law
abiding citizen goes unarmed, and is at
the mercy of the walking arsenals, who
never recognize "the law" until they ap-
peal 70 it for protection against the popu-
lar fury their outrages provoke. Our
present law is just such one as the COM
munity needs, and if carried into effect,
by enforcing it strictly in every case, and
visiting upon those convicted the heaviest
penalty, these desperadoes would be less
ostentatious and "bully-ragging." Let
officers do their duty efficiently under the
law, and the courts be merciless and un-
sparing in inhicting punishment on Often
ders, and we shall have less hourishing of
deadly weapons on every occasion, less
murders, and less talk in the papers and
among our citizens about the formation
of Vigilance Committees.