Los Angeles herald., 1891-05-22


to carry pistols to persons whom they deem
fit TO be intrusted with that privilege, and
have advised those clients who have con
suited me on the question that it would be
easier on the whole, and would probably
save trouble to obtain the required per
nit. and have further advised them that
if the superintendent of police should for
any reason refuse such permit, they
should exercise their own discretion, with
the full assurance that they could success
fully contest the right of the police courts
to enforce the prohibiting ordinance.
"Under this ordinance, moreover, the only
persons who are actually imperiled are
those who desire to give full respect and
obedience to the laws. Habitual law
breakers, as is perfectly well known, do
not give moments thought to prohibit
ing statutes or ordinances, and when they
are arrested it is usually for some offense
of sufficient Importance to efface the con-
sideration of the minor misdoing."
Inspector Alexander S. Williams, who
was famous as police officer long before
he was inspector, is known as one of the
best lawyers on the police force of this city.
asked him once, some time ago, If he be-
lieved that the laws against carrying con-
cealed weapons were constitutional, and
he said he did not think they were. 81 do
all can toward enforcing the laws on this
subject, the same as / do all others of
course, because it is my duty to, and more
over, consider them good laws, but be-
lieve if any man who should be punished
for carrying a pistol should appeal and
should carry his case to the supreme court
of the United States, such a law would be
declared in that court unconstitutional"
Chief Inspector Byrnes, now acting su-
perintendent of the police, refused to give
any opinion on the consJitutionality OF the
laws mentioned. but spoke freely enough
about the laws themselves He was in
clined to believe that it was illegal to carry
any weapons whatever in the city of New
York, and said that a policeman might ar
rest citizen for carrying revolver open
ly in belt, but the statutes do not seem
to support his opinion in this particular.
"Do you think the laws against carrying
concealed weapons are conducive to the
safety of the law abiding citizens in their
actual operations" l asked him.
mo, do not" he said frankly. "There
is many a good citizen who would like to
carry pistol but who will not do it with
out permit because of the law, and who
is not ashamed perhaps, but reluctant to
put himself in the position of asking for a
permit But dangerous persons always go
armed. Some of them, perhaps, have per-
mits, but whether they have or not makes
no difference to them OF course if it were
practicable to enforce the laws thoroughly
it would be different, but it doesn't seem
to be-"
Robert Pinkerton, the well known pri-
vate detective, was asked for his opinion of
the law, but was very evasive in his re-
plies Gas to the coDStitutionality of the
laws" he said "Td rather not speak, be-
cause | am not constitutional lawyer
And if | should be arrested for carrying q
weapon, and the judge should prove to be
harsh, think would pay my fine rather
than appeal the case. OF course my men
go armed great deal of the time, but we
try to keep them from it as much as possi-
BILE by giving them instructions not to
carry weapons excepting when they are
going on some business that is likely to be
dangerous.
"As rule" he continued, 81 think that
the magistrates, at least in this part of the
country, are inclined to be very reasonable
in their enforcement of these laws. For
instance, think If a reputable man had
reasonable cause to suppose that he might
, need weapon for self defense, and should
be arrested for carrying it, the magistrate
would probably discharge him after warn
ing him of the law. 1t is not SO in some
parts of the country, however. There are
places where the law against carrying
weapons is regularly used as a means to
blackmail strangers. Residents are never
arrested for it, but if stranger comes, the
porter who blackens his shoes at the hotel,
the brush boy at the barber's, and every
body else who comes in close contact with
him, seems to be acting as spy. He de-
nounces the stranger, who is fined, and he
gets one-half the fine for informing.
zone practical result of these laws is to
keep law abiding citizens from carrying
weapons, and so place them at disadvan-
tage in case they do happen to come in
contact with criminals, for, of course, the
criminals pay no attention to such laws,
and good citizens are likely to. To be
sure" added Mr.. Pinkerton, with smile,
sit is perhaps a good thing to keep law
abiding men from carrying pistols, for
very few of them know how to use them,
and most of them would be more apt to
shoot members of their own family than
anybody else" DAVID A. CURTIS.