The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-03-02
b T. l. A / II, M d.
The Big Gun Question.

The seizure and destruction of big guns
county waters has opened up some important
questions which will probably come before
the courts for settlement. These guns, which
carry about pound of powder and several
pounds of shot, are fired at the ducks while
they are engaged in feeding at night, and not
only kill and MAIN very many but frighten
the others away. Unless such wholesale de-
struction ceases, in few years not a single
wild duck will venture in our waters. In
order to protect wild fowl from extermina-
ton the Legislature has from time to time
passed stringent laws, prescribing the man.
ner and times when they may be killed
The latest of these acts, passed by the Legis-
lature of 1882, forbids the use of big or swivel
guns. 1t provides also that the mere posses
sion of such gun shall be deemed INSIDE
meanor, punishable by fine of from fifty to
two hundred dollars. 1t contains the provi-
sion, in addition, that any big or swivel
gun, wherever found in Baltimore or Hartford
counties, may lawfully be seized by any per.
son and destroyed or rendered useless.
In order to enforce the law number of
sporting clubs of New York, Philadelphia
and Baltimore combined together and EN-.
poyed detectives to ascertain who had big
guns One of these men ingratiated himself
with some of the gunners and obtained COM
plete evidence of their violation of the law.
Their arrest and punishment followed The
next step was to seize all the big guns and
destroy them, In this they were not quite
SO successful. The most of the guns were
hid and their owners laughed at the threats
of the detective. The latter, however, fer
reted out the whereabouts Of some of them
and upon the refusal of their owners to sur.
render them, took them. Mr. Robert Gallo
way, who had in his possession one of the 80.
called contraband weapons, submitted to ar
rest rather than surrender his property, and
his case was set for hearing before Justice
Adams, in Havrc de Grace, yesterday.
Whilst we do not for moment justify the
destruction of wild fowl by big guns, yet the
people have some rights at stake in the mat
ter which should not be overlooked The
Constitution of the United States declares
explicitly that THE right of the people to
keep and bear arms shall not be infringed"-
1t can not be argued that the law which
sanctions the seizure and destruction of pri-
vate property is police regulation intended
to contribute to the saG ty of the person or
property of citizens. Any citizen may fortify
his house with a cannon, and as long as he
does not endanger the lives or property of
his neighbors, no officer or private citizen
has right to seize, confiscate and destroy his
property.
The Constitution of the United States also
says that "The right Of the people to be Sc
cure in their persons houses, papers and eff
fects, against unreasonable searches and Sci
lures shall not be violated, and no warrants
shall issue but upon probable cause, support
cd by oath or affirmation"
Besides the law under which these seizures
are made and fines imposed contravenes the
provisions Of the Constitution, which guar
antees tral by jury in all criminal prosecu.
tions.
Let big gun shooting be stopped, but do
not violate constitutional guarantees in
doing it.