Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05

drinking, although no swears he was
not drunk. Others thought he was. lilo
handled his whlskey bottle as though he
were used to 1t, and did not care who
porter had to put down the window ut
different times. which he persisted in
putting up, to the annoyance of other
passengers. He was also continually
moving around, some of tho witness say
staggering and rubbing against the lady
passengers as he passed them. His con-
duct was highly offensive to them.
After Alleghaney station was left, he
put an open knife in his pocket, and
the brakeman warned the conductor
reached Ronceverte. the conductor
asked the chief of police to go IN and
arrest and search the plaintiff, who was
then sitting quietly in his seat Tho
policeman did so and found on him a
knife with the blade open and a razor.
He then took charge OF him and re-
moved him from the train
the true question is, had the conduc-
tor reasonable grounds to believe that
the plaintiff was carrying u dangerous
and deadly weapon on his person. with
evil intent? The conduct of the ac-
cuSed. as detailed by the witnesses;
his having u bottle of whlskey, openly
drinking in the ladies' car: his open
ing his knife and putting it in his
pocked open.-were certainly enough to
believe that the plaintiff was bent on
mischief. IL person would escape
suspicion, he must avoid the appear
ance of evil. The plaintiff evinced a
disposition to entirely ignore the rights
OF other passengers, and give them all
the annoyance possible, and. while he
may have been sober. he acted like a
drunken man, and, when rcproved for
his rude conduct. he opens his knife and
places 1t in his pocket, as though max
Ing preparation to use it. The conluc-
tor was not bound, under such circun-
stances, to wait until some one was in
1ured but, having been Informed that
the Plaintiff was armed with a danger
! Gus and deadly weapon, he had the
right, under section S, c. 1913. Code To
turn him over to the proper officers OF
| the law. that he might be required to
give recognizance for his coed be-
havior. and. after he was searched and
found carrying n razor, in violation Of
section Z. e. las. Code. 1t was the duty
of the officer to dctain him and take
him before the Mayor, not only to give
the necessary peace bond. but also tina
he might be tried and punished. under
the sixth clause of section 219 OF chap
ter 80 of the Code. The Mayor. after
he had been found guilty by Il jury
under said section Z, C. 1iS. Code, and
rightly so. gave him his liberty, on pay
| ment of the costs. His excuse for so
doing does not appear In the record.
Tic probably thought lie had been pun
ished sufficiently. The way to vindcate
| law is to enforce it. Tho Legislature
intended that the carrying OF razors
should be stopped. and it did not leave
any loopholes in the statute that a
| person might escape it's wholesome
effect by putting up the plea that the
| razor was carried for the purpose OF
shaving. Such excuse is no excuse
unless it be in mitigation OF the fine 10
| be imposed. TO make law abidinG
citizens. law breakers must be punish-
ed 1t is unlawful as heretofore shown,
| 10 carry a razor about ones person
except in case OF law-abiding citizen
OF good character. for the purpose oil
| self-dcfensc from threatened death OF
bodily hurt from another person. And
| it were better If this reservation were
! eNpungcd, especially so far as the razor
| is concerned. If. however, the question
| of probable cause were against tho
| plaintiff, this is not Il case for punitive
damages. The rule for the measure
of damages. in cases where the malice
! necessary to sustain the action Is such
| only rs results from n groundless act
| and there is no actual malice or design
TO iniurc and Cypress. Is to allow COM
Densatory damages. Reversed.