The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1899-07-25
Especial to News and Courier.) J

81 -
open. Tho Supreme Court Of the
State holds that State constable
has no moro right to carry oon-
cenled weapon than has any ono else
In fuct tho decision is moro far
reaching, and holds that peace Off
GERS generally have no legal right to
carry concealed weapons. If few
mayors and magistrates get after
constables and sherllrs' deputies and
lino them it will havo the effect of
bringing pistols to the surface, and
thon if IL sheriff wants to wear pistol
"wido open" pooplo will think mono
the less Of him, and overy one will
be on notice that there is pistol
about.
Naturally, there will bo an effort
made to have the statutes am ended
SO that constables can carry their
pistols without exposing them, but
the general Legislative tendency is to
require pistols to be exposed, and
whether the present decision is the
result of Legislative accident or
forethought, there will be stubborn
fight to prevent any change. No
doubt, the State constables, in order
to protect themselves, will wear their
pistols exposed and on belts about
their persons; and municipal corpo-
rations, to save their policemen will
order them to carry their pistols ex-
posed, is is now dono in many cities.
The decision is in regard to the
case Of W. r.. Crawford, who was
triod and acquitted in thu Stuart case.
The decision in the case was written
by Associate Justice Gary, and is the
unanimous opinion Of the Court.
The decision is as follows
Tho record contains tho following
statement Of facts: On July %,
1893, the defendant, w. II. Craw-
ford, named above, was tried before
tho mayor of tho city Of Laurens,
charged with the violation of an or
dinance of said city, on July %,
1898, by having concealed about his
person pistol. The defendant ad-
mitted that ho did have pistol con-
cealed about his porson in said city
on the 23d day of July, 1893, but
4 contended that ho was State con
stable and had right to carry his
pistol concealed about his person.
The defendant was State constable,
but the mayor overruled the conten-
tion Of the defendant, convicted h,m
of the crime charged, and sentenced
him to pay fine of S5 or be i'm
prIsoncd ten days. Tho defendant
appealed to tho Court of General
Sessions for Laurcns County upon
tho ground that he was an officer, q
State constable, and had a right to
carry his pistol concealed about his
person. The appeal was heard by
his Honor, Judge Townsend, at the
October, 1893, term of Court of Con
oral Sessions for Laurens County.
His Honor, tho Circuit Judge,
ordered chat the appeal be and is
sustained, and that tho entire pro-
coedings herein be, and are hereby,
dismissed, and that tho dofendant's
bond on appeal bo discharged and
cancelled"
The city of Laurons appealed from
this order, upon exceptions raising
practically the single question Of
law weather n State constable is
exempt from tho operation of the law
forbidding the carrying of a pistol
concealed about the person.
The first Act on this subject was
passed in 1880, II Statutes, AT,
tho fourth section of which was as
follows: "Nothing herein contained
shall be construed to apply to peace
oificors while in the actual discharge
Of their duties as such officers. Nor
to persons carrying concealed wea-
pons while upon their own promises !"
In 1897 another Act was pessed, 20
Statutes, 1873, in which without re
fe,ring to the previous legislation,
tho language Of the former Act was
suhstantiallN rnnnatnl with tho