West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-03-21
REvOLvERs.
Mayors Not Empowered 20 Impose
Fines For Carrying Them.

Fines Fer Carrying Them.
The Supreme Court of Appeals
of West Virginia, In an opinion
handed down yesterday, holds that
the mayor of any city or town In
this State has power as such, un-
less specially authorized by legisla-
tive act, embraced In the charter OF
such city or town to impose fines
or infict punishments for carrying
deadly weapons, holding that the
State laws provide ample means tor
punishment In such cases, just as
they do for murder, arson, larceny
and other ofenses against the laws
of the State. The case was that
of Judy against Lashley, from Tuck
er county.
The gist of the decision Is that
the carrying of deadly weapons Is
classed among that character. OF Of
lenses that gives to the accused the
right of not being tried twice tor
the same offense, or, putting 1t In
the language of the Judge who rem
dered the opinion 1T (this offense)
seems to be of such character as to
be clearly without the limited and
indefinite power conferred upon
the municipal corporations In this
State. 1t would be just as reason
able to say that power extends to
the punishment of petit larceny and
arson, under the power given to
protect the property of the citizens,
but no such authority Is claimed or
exercised by our municipal corpor-
ators. 1t Is left to the jurisdiction
and cognizance of the State Courts. :
AS this Is an entirely new ques-
ton the syllabus of this case will
be interesting and Is published In
full as follows:
Ct. The police power of mu-
nicipal corporation depends upon
the will of the legislature, and a
city, town or village can only exer
else such police power as Is fairly
included In the grant of powers by
Its charter.
81 Section 26, of chapter AZ of
the code, by vesting In the coun-
ellis of municipal corporations
power and duty Ito protect the
persons and property of the citi-
zens of such city, town or village
and to preserve peace and good Or
der therein, "does not confer power
to punish acts made criminal by
the State law and fully covered
thereby, except such as would be
attended with circumstances of ag-
gravation not included In the State
law. Such power must be special
ly and expressly given by the leg
islature before 1t can be exercised
by such corporation.
| IS. The carrying of deadly
weapons being an ofense fully pro-
vided for and punishable by law
being an act, not In itself amount
ing to breach of the peace, can.
not be made an offense and pun
ished by a municipal ordinance, un
less expressly authorized by the
municipal charter.
"a. Prohibition lies to restrain
the mayor of town, incorporated
under the provisions of chapter a.
of the code, from imposing a fine
upon a person for carrying deadly
weapons and from collecting same
under an ordinance making sucf
an act an offense and Furnishing i
by fine and Imprisonment, as sucl
ordinance Is void and the mayor i
without jurisdiction In the pre-.
misses"
This decision does not depriv
the mayor of any city or town O
his rights given him as ex.ofici'
justice of the peace, but In exercis
ing his power as such ex.ofhci
justice of the peace he acts unde
State law. and not under the au
thority given him by the city ordiu
ance.
Judge Poffenbarger delivered tn
opinion of the court, the full bencl
concurring.
Brain-FOOd Nonsense.