The Birmingham age-herald., 1902-12-28
He Talks Practically of the
 Present Conditions
SUGGESTS A CERTAIN REMEDY
Question of Legal Permission for Peo- pie of Good Character to Carry Weapons for Defense On
 Payment of Fee. ,

To the Editor of the Age-Herald:
 There has been much discussion recent ly as to the best method of mitigating or cealed weapons, and many suggestions have been made and many different views expressed: That many valuable lives have been lost on account of the ready pistol in the convenient hip-pocket, every well informed person knows, and every good citizen deplores. Some advocate the repeal of all laws prohibiting the carrying of concealed weapons, with much show of reason, contending that the effect of the present law is to disarm the law abiding citizen without deterring the vi- cious and lawless. It Is hardly necessary for me to say that I do not believe that this would correct the evil. There are others who advocate the passage of a law making the carrying of concealed weapons a felony, punishable by confine- ment in the penitentiary. I do not be- lieve that the enactment of such law would be wise. In those states where It has been tried, it's enforcement has been found practically impossible; but if it could be enfor ed impartially, as every law should be, it would result in the conviction and sentence to the peniten- tiary of many good citizens, whose vio- lation of the law was caused by an hon est and reasonable belief that the carry ing of a concealed weapon was necessary to the protection of their lives and prop erty There are others who believe that the carrying of concealed weapons should be regulated by a license. Among this class, two ideas on the subject seem to prevail-one, that high license-say $lO- should be required, and that the person licensed should be required to wear con- spicuously on the person badge with the words printed thereon, 'J am armed" or "Concealed Weapon" do not believe that such a law would accomplish the purpose intended. In the first place, the right to carry a concealed weapon should not depend upon the financial ability of the citizen desiring to avail himself of the law, but upon his character; and in the second place, the law would be practi- cally nullifed by the provision requiring a person to advertise the fact that he was armed. The other idea on the sub ject I believe to be the correct one. It is to authorize any citizen to carry con- cealed weapon on the payment of a small fee-say $2 or Sand upon filing with the probate judge of the county a certificate signed by ten or a dozen good citizens, who are householders and free-holders, residing In the precinct of the applicant, stating that they know his general char acter for peace and quiet, and sobriety, and that 1t is good. The probate judge should be required to keep record of the names of all persons to whom license is issued, and also of the name of the citizens vouching for his good character, which should be open to public inspection.
 A Small Fee.
 He should be allowed small fee out of the money paid in for the license-say 25 cents-and the balance should be turned into the educational fund of the county. The penalty for carrying a con- cealed weapon without first having ob- tained a license should be made felony, and the punishment fixed at from one to five years in the penitentiary. The license should be issued for only one year, and for that length of time should be pro- lection any where in the state. I believe that such law could be enforced, and 1t would allow the citizen who wishes to carry a concealed weapon for defensive purposes, to do so without becoming a law-breaker It would do much toward disarming the lawless and vicious. The man who occasionally carries con- eealed weapon, although he may excuse the act on the ground that he believes it to be necessary for his own protection, is injured at a vital point of good citi- zenship by the consciousness that he is violator of the law, and by diminished respect for the law. The argument most frequently made against such legisla- hat To cIO ha ha effect of which is to license the citizen to do wrong. I fully concur in the truth of this proposition. But does it do this? :?
 A Question.
 Does not the wrong consist in the wrong full use of the weapon, rather than its being concealed? The carrying of a con- caled weapon is a crime only because it is prohibited by the law; it belongs to the class of crimes known as malum prohib- itum, and not to the class known as mall um In SC, The latter class involves moral turpitude; the former does not The con- stitution itself guarantees to every citi- zen the right to bear arms in defense of himself and it is because the courts have construed the statutes against car rying concealed weapons as merely reg ulating the manner, and not prohibiting the right to bear arms, that they have been upheld. Notwithstanding the lact that the law might give him the right to carry concealed weapons, the good citi- zen. as soon as convinced that the ne- cessity for doing so no longer existed, would not avail himself of the right.
 Local Crimes.
 Many crimes of violence have recently been committed in the city of Birming- ham, notwithstanding the fact that the law against carrying concealed weapons has been most vigorously enforced. One