The Birmingham age-herald., 1907-11-06
STRONG SENTIMENT OVER ENTIRE CITY ID ABOLISH PISTOL Many Believe Council Has Authority to Limit Length
 of the Barrel
DEALERS LICENSE MAY
 BE FIXED AT S5000
No Council Meeting Will Be Held To- night. But Matter Is Sure To Come Before First Session
 for Action.

 moving .he temptation and entice- ment of the glaring and criminalIy in- citing pawn shop window displays, the idea of taking a forward step toward lessening murder, and making personal freedom and safety greater. is grow ing on the minds of the law-abiding citizens of Birmingham. and senti- ment is preparing to demand of the law makers an ordinance which will prohibit in fact.
 The majority of the City Council has already come out strenuously for some immediate action. Alderman Stock mar and Alderman Fulghum were the last to speak, and both are ready to wipe out the curse.
 A number ol suggestions have been made which are very valuable that should be included in the ordinance such as making it unlawful for any person to sell or carry concealed a pistol of less than 14 inches in length, | raising the license for selling pistols to 5000 from the present s1OO. and auth orizing the chief of police to con fiscate all such pistols found on per sons after some set date.
 Is Such Action Legal? The only question now at issue is whether such action is legal Can the sale of pistols be restricted? Of course, we already have laws against con cealed pistols, but the idea is to take them off of exhibition, and to start movement in Birmingham which will be followed all over the state. and finally by the legislature. Can the Board of Aldermen say that a pistol under 14 inches in length cannot be sold? There is some question about whether the law can keep a man from carrying a small pistol unconcealed, but could both selling and carrying uncon- cealed pistols of small length be pro- hibited, the city would be in a posi- tion to force the evil from her bounds.
 As Alderman Stockmar said. Lets have law that will mean something. and not put q lot of mess on the stat ute books like that which is there now. We will have to do something to stop our record of murder. The very idea of allowing a man to carry in his i band what he cannot carry under his clothing is silly. We should regulate them out of business"
 King Thinks It Can Be Done. Representative Jere c. King is posi- tive that the City Council can pass a i law restricting the length of the pis tos sold within the city limits. q think, in fact I know it could be done. Even though if might not be said to prohibit entirely it would cut out the pawn shop pistol exhibitions which arc rot only a nuisance, but a disgrace to a community.
 "Of course. the surrounding suburbs would possibly not all fall in line, but the pawn shop windows would be re- moved from the center of trade. and the traffic would be easier handled.
 That such d law is considered legal by authorities may be proven by the fact that the house of representatives at the last session of the legislature passed q bill the Rushton bill. limit ing the minimum length to something over twenty inches, but the senate turned 1t down. A great Geai of time was taken up by pistol carrying bills and nothing was accomplished. How ever, we may look for something at the next regular session.
 You may count on me for any meas ure that stands for better morals. I am ready to assist in knocking the pistol business in the head, confscat- ing them all or any other radical move.'
 No Meeting Tonight.
 As the City Council will Lot meet tonight there will probably be no ac- ton for two weeks. Several aldermen state that if it can be done legally, they will introduce and fight for such an ordinance. City Attorney F.. D. Smith will investigate the city's right carefully. and gave his opinion in the next few days. If it is favorable. AL derman John w. O'Neill will ask him to draw up an ordinance.
 During the coming week various citizens will be asked the question: What do you think is .he best thing to do in the Birmingham district to take the pistols out of the hands of cut-throats and negroes?" Everyone with a suggestion toward solving this serious problem will be quoted.
 to "a judge" for the Middle District had been enacted does any one suppose that it would be construed to abolish my office and power there? Congress was, of course aware of this existing statute. It also knew of the settled rules of con struction where statutes are in pari ma tera they must be construed together. and that in the absence of express words of repeal, a later statute never repeals all the provisions of prior statute, if it be possible for both to have any reason able field of operation. and that repeals by implication are never favored. and are allowed only to the extent of rreconcil able conflict. Applying that rule to this statute there is no doubt of the intention of Congress. The purpose was to put another judge in the Northern District,