The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-02-27
The Merald and atlpu>s
ANrI-PlSTOL SENTIMENT.
l.. II. hUl.I. l:DIToR.

The Savannah News thinks that the
pistol will be less in evidence in the
future in this State. and it is certainly
to be hoped that the opinion is well
founded. If it is once established that
persons charged with murder are not to
be bailed, that fact will undoubtedly
deter many men who carry pistols from
committing homicide, and the carrying
of them will gradually go out Of use.
The Tillman case as the News says,
has created much discussion, and no
doubt will continue to until its final
conclusion, and out of this discussion
will come healthier public sentiment
in regard to the use Of deadly weapons
in the settlement of personal difficulties.
Although hief Justice Pope's decision
was only rendered last week its effect
has been felt by this time all over the
State. 1t created profound impress
sion among Legislators and the feeling
thus started is bound to permeate all
classes. The chief justice did a greater
thing than he probably thought in max
ing the decision he did for it very ma
terialy strengthened a sentiment just
forming and comparatively weak. Had
he done otherwise this change in public
opinion would have been destroyed in
its inception. As the News says again
the reform will not take place all at
once, but the leaven is working and the
ant-piStol sentiment will be intensified
and strengthened as long as Judges do
their duty without fear or favor. Co
lumba Record.
So far as we have been able to OBJ
serve, Chief Justice Pope, on his posi-
ton in refusing to grant Tillman bail.
has received the unanimous endorse
ment of the press of South Carolina. Mr..
Justice Pope is man learned in the
law, and the people of the tate may
rest in the assurance that he will do
his whole duty as he sees it, and with
out fear or favor And it is because
we believe he will do his duty without
fear on favor. holding the scales Of JUS
tice with an even hand, that we desire
to take issue with the Columbia Record,
in its statement quoted above, or rather
it is an inference. that Chief Justice
Pope refused to grant bail to Tillman
because Tillman was ''charged With
murder. Hard will be the laws and
sad will be the times when a person
cannot sccuc bail simply because he is
''chargcd with murder" or any other
crime. From the time when the Eng
lish people wrung the Magma Charta
from those who claimed divine right
to rule, they have held the privilege of
the writ of habcas corpus as theirprivi-
lcge supreme. K is contained in the
Declaration of Rights in our own State
Constitution where it is expressly pro-
vided that the privilege of the writ of
habeaS corpus shall not be suspended
unless when, in case of inSurrection,
rebellion or invasion, the public safety
may require it; ''and, further, that al
persons shall, before conviction, be
bailablc by sufficient surcties, except
for capital otfenses when the proof is
evident or the presumption great"
To have the privilege Of the writ Of
habeas corpus suspended, even in cases
where only those ''charged with muir
der are concerned, would be an evil
many times greater than that of carry
ing concealed weapons, even though the
evil of carrying concealed weapons is
one of the greatest with which we have
to contend.
No, Chief Justice Pope did not refuse
Tillman bail because he was charged
with murder. In accordance with the
Constitution as it is written Chief JUS
tice Pope refused bail in this case be-
cause of the crime 1.-The proof is evident
or the presumption great.