The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-19
JUDGES OR MAGISTRATES
WHICH SHOULD TRY WALKING
ARSENAI.S?
TIE MAGISTRATES LOST TIE FIGHT
nd Representative Lowery Came Out Of the
0ra'Orical Scrimmage Such Disfg,
ured. The impeachment If
ludge Norwood
Judge Norwood

What shall we do with our pistol
toters and razdr-carriers? was the agi-
tating question that, agitatcd the House
for nearly two solid hours yesterday.
And after it was all over the matter
stood just where it was begun, and
in the future as in the past, the Su-
perior courts of the land will enjoy the
high and exclusive privilege of captur-
ing Walking ArsenaIs and confscat.ng
their outft-be it coon with his yaller
shoes and a 'razzer" or hopeful young
American with a cigarette and gun.
But the Judges didn't win without a
fight-a long and hard fight The mag
istrates and their friends in the House
swooped down and tried to capture the
jurisdiction IN such cases, and it was
with difficulty that the legal fraternity
beat them off and firally put them to
fight
The bill was introduced several days
ago by Mr.. Bryan of Madison. 1t pro-
vidcd for giving magistrates original
and final jurisdiction in cases for carry
ing concealed weapons. The bill was
considered by the judiciary committee
and reported back to the House with the
recommendation that it do not pass"
Now this measure had some staunch
friends in the House who did not propose
to sit quictly in their seats and see
it go down, without a protest.
MIR. Williams. Of Iredcl, was the
first to the bat lie lost no time fam
ming the air. but sent the sphere Of
argument Saline across the House by
announcing that as a rule, uudcr the
present law, judgment is suspended in
the courts on payment Of costs. Ii
these cases were disposed of in a mag
istrate's court the fine now usually
swallowed up in costs, would go into
the school FUND. Besides this wonid
greatly relieve the courts, whose calen-
dars, it is claimed, are now crowded
with cases
The ball landed with n bang, ON the
other side of the House. near the desk
of Mr.. Carroll, of Alamance, who pick
cd it up and SHE'D it back by saying:
Il don't know how it is in Iredell, but
in my county the gun-toters fare pretty
hard at the hands of the courts. / don't
remember that one ever got off without
punishment. Usually they are sent to
the roads"
Mr. Williams of Graham, sitting Just
to Mr.. CAROLS left begged to differ
with him. He had found the carrying
of concealed weapons Il common Offense
in his county and the offenders were
seldom punished His people wanted the
law more stringent, or they wanted it
abolished entirely.
Mr. Overman. of Rowan. came to Mr.
Carroll's support. 'If you will examine
the history of legislation on concealed
weapons" he said, ''you will find that
it has see-sawed back and forth between
the Superior courts and the magistrates
One Legislature puts it in the courts,
the next gives it 10 the magistrates.
The experience Of Tie memhe"s OF the
judiciary comittee is that when it's n
the jurisdiction Of the courts the punish
ment is more certain than when the
ma aqistrates have t.
Mr. Bryan. of Madison, said he intro
duced the bill and did so because his
people demanded it. 1t was seldom, he
said, in his county. that the men found
guilty of carrying razors, pistols or
brasS-knucks were properly punished
The terrible experience of Mr.. Hart
sell. Of Cabarrus, had been that nine
tenths of the magistrates in the state
were not capable OF trying anything.
anu CeEtuluIN tHc4 were hOL NoFttbAN Va
trying this sort of case.
In the bill Mr.. Justice, of Mcdowell,
described a door that might be opened to
a miscarriage of justice, if not corrup-
tion. He said when man was charged
with carrying concealed weapons 1t
might be possible to 30 to his favorite
magistrate and so fix the thing up that
he could get off. In five years experience
he had known no offender to get off in
the courts in which he had practiced.
''The reason the eases have been taken
from the magistrates is because they do
not enforce the law. The matter has
see-sawed back and forth long enough,
and the committee was practically unani-
nous in its opinion that the magistrate
business does not work well"
Mr.. Williams, of Graham: How is it
possible for an offender ia get off with
out punishment when the act says the
MAGISTRATE shall impose a fine Of at least
$40"
Mr.. Justice: "That provision doesn't
prevent a suspension of judgment"
Mr. Craig, of Buncombe, was opposed
to tie passage OF the bill because it does
Continued on Second Page.)