The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-04
ISLAND CITY NEWSITEMS
4 Charge Upon Pistol "Totins' to the
Grand Jury.
TO-DAY TO Be CELEBRATED WITH pOHP
mig Display Of Fireworks ON the
Bcnch-YounE Mana Rescue
Of a naby.

fury for the July term of the criminal dis
trict court was organized this morning.
Judge Ernest d. Gavin delivered the fol-
lowing charge
Gentlemen OF the Grand Jury: Under
the law OF this State 1t is your duty TO
inquire into all offenses liable to indict-
ment OF which any Of the members may
have knowledge. or of which they shall be
informed by the attorney representing the
State, or any other credible person, ana
to do 60 according to the oath you have
Just taken, uninluenced by envy. hatred
or malice, or by love. fear, favor, affection
or hope Of reward.
II is not practicable. nor even possible,
for the court TO instruct you In detail Upon
all the penal statutes of this State, but you
are charged 10 thoroughly investigate
every violation or alleged violation of
those statutes that comes to your knowl-
edge and TO present bills OF indictment
In every case when the evidence before you
10 your Judgment iustiles the finding oil
bill
Your attention is especially called 10 tie
offenses OF murder and culpable homicide
OF every degree, the unlawful carrying OF
pistols and other weapons forbidden by
the statute, failure OF officers TO perform
the duties imposed upon them by law,
gambling IN all its forms, including lot
teries and policy. and keeping and being
concerned Ia keeping disorderly houses %
renting houses to be kept as disorderly
houses.
Any house kept for prostitution, or
where prostitutes are permitted TO resort
,la nj f.ls Firlfy he.
vocation, or any theater, play house or
house where spirituous, vinous or malt
liquors are kept for sale and prostitutes
lewd women or women Of bad reputation
for chastity are employed or kept Ia aei-
vice TO display or conduct themselves IN
a lewd. lascivious or indecent manner, or
to which persons resort for the purpose OF
smoking or in any manner using opium IS
disorderly house. By the statute II Is
made the duty OF the court to give In
charge to the grand jury at every term the
law upon the subject Of disorderly houses.
and 1t Is also made the duty of the grand
jury at every term of the court to call be-
fore them each officer charged with the
enforcement of this law and examine them
under oath touching their knowledge and
information of violations thereof and as
to their diligence in its enforcement, Those
officers are the sheriff and his deputies,
the, constables and their deputies. the may
ors chiefs OF police and their deputies ana
assistants and the policemen OF towns and
cities in the county.
Public sentiment In this community and
elsewhere is at this moment in some meas
ure aroused upon the subject Of violations
OF the law forbiddlng the carrying Of piss
tolls and other weapons. and shall ven
ture some suggegtions TO you in order that
you may address yourselves 10 the per-
Torrance of your duty as to such violations
with a somewhat better understanding,
albeit with a knowledge of bow lnmentably
weak and inadequate are the weapons
available with which to contend against
such lawbreakers 1t is openly charged in
the public prints and otherwise, t..at the
unlawful carrying of pistols is habiual
with many, and / declare to you that
considerable majority of the homicide
cases that burden the dockets OF our
courts would never have come there had
Not the Slayer been I'm the unlawful pos
session of q pistol AT the time OF the kill
ing. Reading an article In the Galveston
News last week was struck with the fact
that the writer referred TO shat pocket
presumably designed to contain a handker-
chief as the pistol pocket SO impressed
was the mind of the author of that writing
With the idea that the pocket has been en-
tirely diverted from Its intended use. In
1873 our supreme court decided that when
the person slain threw his right hand
behind him, pushing back the skirt of his
coat. that fact. taken with the other evil
dencc In that case, might Justify a jury
In concluding that his antagonist had reu-
sonable grounds to believe that ne was
about TO draw and use a pistol the opinion
proceeding apparently upon the theory that
person might reasonably be expected 10
carry pistol behind him In the neighbor-
hood Of the skirt of his coat.
Under no government on earth does pub
lie sentiment have so much to do with the
enforcement or ACKNOWLEDGEMENT OF the
laws as With us. and the failure to better
enforce our law, such as ii Is, against I'M
lawfully carrying arms is due 10 Too
tolerant or entirely dormant public senil-
ment. The history Of that sentiment is
not difficult TO trace. There was a time In
tho life OF this State--and II is not so re-
mote time. either--wheu the carrying ui
arms was an absolute necessity. In 1857
the supreme court OF the State declared
that the people Of Texas are now and
ever have been, emphaticaly an armed
populace." and the chief justice delivering
the opinion OF the court expressed surprise
that tho State legislature had not thereto
fere passed laws exempting the arms OF
the citizens from sale to satisfy the claims
OF creditors. The reason for This state OF
affairs as assigned by the court was that
Texas was but lately wrested from Mex
leans aud Indians. and had been and was
still being settled largely by force OF arms
With one hand on the pillow and the other
graphing weapon the fearless pioneers
pushed forward the frontiers OF the civil
1zation that now blesses our people Hour
~ heset By savage foes and hostile ma
RAIDERS they indeed bore their arms in
necessary defense OF themselves and the
5 ate So far as know, the Arst law
passed by the legislature against carrying
arms was In 1871.
At all events. whether It was the first OF
not. the penalty provided was the triiilne
hna OF not less than s25 nor more than
800 Thus the law remained TIL 1887
when u was so amended as to make the
penalty q fne OF not less than S2b MOI
more than 5000 and confinement In III,
county jail for not less than twenty no,
more than sixty days. At the very nexi
legislature tlss9 the law was again
amended, this time making the penalty
me Of NIT less than $25 nor more thar
1900 or fnote ths disjuncliye) confinement
IN the county tall for not less than ten no,
more than thirty days. or both such fip,
ana imprisonment In the discretion OF th,
jury. The reason. In part, urged for thi
change WA that convictions could not b,
obtained - the plainest cases OF gull
Hnen q conviction meant confinement i,
@eAl without Alternative. Finally. IN 1897
~ Law was TOT the last sine amends,
11e&1ag the penalty A nne 81 not less ms,