Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1891-11-22
.51RTANT DECISION.
,,,.,,Isi Weapon Section Of the
Code Constitutional.
| cppENE COURTS DECISION
,,. # the Sato Against Workman
\. -, ., InDortant Point, Alleged by
,,rrss to Be Ilegal---Judg'
I,sss Opinion IN Full.
-. % ns Register.

.ogrram 70 ~ h's'S''I'
'rox -'.~ w. VA, November 9l.
lS-lsi-g,n -,-,i.,on of the Supreme Court
q. ay''rd 'rrsndered to-day, N the case
'..,, S,,-s against Workmen from
~r,y. 9 the cOnstitutionality OF
Vy.oSibiting the carrying OF nre-
~ P,S P.,SSr weapons is affirmed.
OF y'- IN held that the law was un-
i-' - 80 but the decision rendered
'-..gi ..tains the law. Judge Lucas
.op.nion, says; .b.,.o- ,As
rs5s provides as follows;
I0.o ..L.on r shall carry about his
~ revolver, or other pistol,
''- az, -r3 knife, razor, slung shot,
s,sIIic or other false knuckles'
me- dangerous or deadly
~ like kind or character, he
,,iItv Of miSdemeanOr, and
loss than S25 nor more than
,5 nav. 40 the discretion OF the
5s confined in the jail not less
.sror more than twelve months;
.,v person shall sell or furnish
-5 weapon as is hereinbefore
-l s-l N 9 person whom he knows,
-s,sop. from his appears ice or
.r.,a 20 believe TO be under the
.,a, Years. he shall be punished as
-,.,5re provided, but nothing here
-,,ire1 Shall be so construed as TO
~, s7v person from keeping or
obout his dwelling house or
is. ,nv sucn revolver, or other
o- from carrying the same from
..,,s NJ purchase TO his dwelling
!. or from his dwelling house to any
!. where repairing is done, to have
.-,ired and back again. And II,
-pa trial Of an indictment for car
.,ary such pistol, dirk, razor, or
i Frife the defendant sha ] prove
.s.,-.sfaction Of the jury that he is
-s.ard peaceable citizen, OF good
-i.sr and standing in the commu-
=, which he lives, and at the time
"a, found with such pistol, dirk, ra-
r- bowie knife, as charged In the
.nqDt. he had good cause to believe,
fd believe, that he was In danger
s,b or great bodily harm, at the
!, Of another person, and that he
~55 faith. carrying such weapon for
s'a1se. and for no other purpose,
nr7 shall find him not guilty. But
1s In the section contained shall
% Construed as TO prevent any officer
vsi with the execution OF the laws
,s state carrying arevOl7er or other
dirk or bowie knife.
lsa provisions are not In conflict
the Constitution Of the United
Is nor tnat Of West Virginia.
lien an act Of the Legislature can
construed as 20 avoid conflict with
Constitution, such construction will
lop,ed by the courts.
..s section requires a statutory &C
..2. as mandatory in favor Of persons
/. prove good character and standing
le community, and that they
Re in good faith armed
y for self defense, but though
, mandatory as TO persons who
% prove such good character, it
7-,ae.eSs ia terms depriyeS them Of
. right OF guarantee TO which they
.7 be- invested under the constitution,
should such deprivation be cOnSti-
1-lly implied.
"A mere Indefinite threat of violence,
.1,grs aud extent of which is not
n evidence, unaCcOmpanied by
factor conduct on the part Of the
ryuasiug such threat evincing a
zoe 90 DO violence TO the prisoner,
DO, Justify the carrying of a pistol
.. section 3, chapter llS, Of the