The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-03-13
TERRITORIAL LAW,

A New Mexican Deputy Sheriff Fined for
Carrying Weapons.
Last week a New Mexican Judge fined a
Deputy Sheriff $50 and costs, with the alter
native of working out the amount in Jail at
the rate of 81 day. The offense was car
rying deadly weapon. The plea was that
the defendant was an officer of the law and
armed himself to protect his life, which had
been threatened. The Court decided that
no officer was entitled to carry arms except
Gin the very act of discharging his duty"
The Las Vegas Optic in commenting on
the case says: "The decision is of great
importance from the fact that in many cases
the appointments to the positions of deputy
marshals,. deputy sheriffs, policemen and
the like have not always been made with
discrimination. In fact many men through
out the Territory have been put into these
offices with well-deserved regulations for
being toughs. Others have sought the ap-
pointments for the express purpose of being
enabled thereby to carry arms. Conse-
quently, many communities have been ter
rOrized by the very men who should be pre-
servers OF the peace. 1t is ruled by this
court that an officer off duty is no more en-
titled to bear arms than is any other man.
1t is to be hoped that this ruling will be
adopted throughout the Territory, for in
many places the people have more to fear
from the so-called officers of the law than
they have from the so-called lawleSs char
acters."
A journalist who resided In a New Next
can village for some months during the wear
1884 relates an experience similar to that of
the officer above mentioned, but with diff
ferent result In the performance of bis
duty he had incurred the enmity of certain
hard characters of the town. One of them
waited on the newspaper man and gave him
notice that his life would be in jeopardy il
he remained there after the expiration of
twenty-four hours. TIE quill-driyer who
was accustomed to the ways of a civilized
community, called upon the Sheriff and
stated his peculiar position, declaring that he
would not be inundated and requested the
official to issue permit allowing him to
carry a weapon. The Sheriff replied that
under the New Mexican law no person could
legally carry loaded weapon within a GER
tain distance OF any village or city where
people were congregated for the purpose of
residing-not even a United States Mar
shall, nor the Sheriff himself for that matter.
but, said the officer, ito my mind you are
entitled to protect your life; and while
cannot grant you permission to heel your
self, l will instruct my deputies not to ar
rest you in the event of discovering weapon
on your person. Be discreet aud don't pull
1t unless driven to the last extremity, but If
you do, shoot to kill" That afternoon sew
eral of the hard characters were notified by
the Sheriff to leave town on the next train,
on the ground that they had no visible
means OF support They left, and those who
were allowed to remain weakened and never
made it necessary for the journalist to de-
fend himself, and after a reasonable time
had elapsed the pistol was laid aside.
Such occurrences as those above referred
to are not particularly enticing to immi-
grants There are few people who are in
clined to leave iaw-ablding community to
take up a residence in country where a
man whose life is threatened by rougns is
left to their mercy is prohibited by the law
from exercising the divine right of self pro-
lection.
DR.. Lawrence, who killed his wife at Los
Olives, Santa Barbara County, has been