The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-05-21

arms and other weapons recognized q
warlike are omitted, and only those art
mentioned which are universally regarded
as the tools of robbers and assassins
Dirks, stilettos, sword canes, brass
knuckies, slung shots, billies, loaded sticks
and sandbags are placed under the ban
and possession Of them on the person is
made felony, as it should be- do not
question that the prohibition of weapons
of that character is clearly within the pow
ers of state lawmakers. What is known
as the general police power simply warrants
such legislation.
ut is entirely different, however, with
the possessing and carrying of pistols and
larger firearms, and such cutting weapons
as are used in the chase or in war. Here
in New York such weapons are forbidden
only by ordinance of the municipality, I'M
der penalty of ten dollars fine or ten days
Imprisonment. II person who was sub
jected to such penalty should take the
trouble to appeal, there is no doubt in my
mind that the higher courts would declare
such laws OF ordinances unconstitutional.
''The ordinance of this city gives the po-
| lice authorities the power to grant permits
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 a 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 itris 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-
Heved that the laws against carrying con-
cealed weapons were constitutional and
he said he did not think they were Il do
all can toward enforcing the laws on this
subject, the same as l 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 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 constitutionality 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 policeman might ar
rest a 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 operation?" asked him.
''No, l do pot," 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 90
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 we'll known pri |
vate detective, was asked for his opinion of |
the law, but was very evasive in his re-
plies. 'As to the constitutionality of the
laws" he said, "Pd rather not speak, be-
cause l am not constitutional LAWYER.
And if should be arrested for carving a
weapon, and the judge should prove to be
harsh, think | would pay my fine rather
han appeal the case. OF course nv men
90 armed great deal of the time, but wa
Try to keep them from it as much as posi-
Die by giving them instructions not to
larry weapons excepting when they are
going on some business that is likely to be
dangerous.
las rule" he continued, ri think that
he magistrates, at least in this part of the
are inclined to be very reasonable
n their enforcement of these laws, For
Instance, think If reputable man had
reasonable cause to suppose that he might
iced weapon for self defense, and should
Ne arrested for carrying it, the magistrate
would probably discharge him after warn
ng him of the law. 1t is not SO in some
PARTS of the country, however There are
places where the law against carving
Weapons is regularly used as means to
'lackmail strangers. Residents are never
crested for it, but if a stranger comes. the
'orter who blackens his shoes at the hotel.
he brush boy at the BARRIERS, and every-
'ody else who comes in close contact with
i'm, seems to be acting as spy. He de-
lounces the stranger. who is fined, and he
,ets one-half the fine for informing.
"One practical result of these laws is To
,eep law abiding citizens from carving
and so place them at a disadvan-
age in case they do happen to come in
ontact with criminals, for, of course, the
pay no attention to such laws
nd good citizens are likely to. To be
ure," added Mr.. Pinkerton, with a smile
1t is perhaps a good thing to keep law
blding men from carrying pistols, for
cry few of them know how to use them.
nd most of them would be more apt to
boot members of their own family than
nybody else" DAVID A. CURTIS
A Dairy at the Worlds Fair.
Through the medium of modern dairy ,
1ree or fOur hundred cows will f,r,;sh ;