Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-04-26
JUDGE AVERILL
SUS1AINS DECISION
OF Lower Court

Continued from Page Three.)
as any other of our people, when
carrying concealed weapons.
What words then shall be read
into part Z of the statute? This
question brings up the other rule
of Interpretation above referred to
the reason and spirit of rule
of law the end contemplated by
the act;" and. now comes the bear
ing of part 2 of the statute, which
limits the act prohibiting the car
rying of concealed weapons to
towns. 1t is no offense to carry
concealed or any other weapons
outside the towns of this state. Far
the greater part of the business
of common carriers is accomplished
outside of towns at least the strict
ly carrying part of it. Train
men, messengers. guards, etc, may
have and carry. concealed or I'M
concealed, what weapons they
choose outside of towns. But it is
a distinct advantage for them to
have concealed weapons, for the
messenger carrying a weapon III
plain view, in event of an attack
by highwaymen is the first object
of attention. lie makes himself
dangerously conspicuous by display
ing his weapon, and invites destruc
tion. 1t is just as great an ad
vantage to him to keep his weapons
concealed when in towns, where
the planning and sporting by rob
bers is usually done. 1t is his
duty, practically all Of his duty
to resist robbery and forms of VIC
lence connected Herewith by kill
ing the assailants, because of the
desperate needs of the situation
How different is the situation oil
mere watchmen, who has within
call the peace officers of the towr
and the special officers corpora
ton may have if il desires then
and usually does have in numbers
commensurate with its needs.
If the depot Waterman is there
to kill to prevent tampering will
trains, or any other property, lie
him be under the restraining eft
feet impressed upon special off
Ger requiring him to be cautious
or else let his weapon be conspicu
Gus SO that its preventative valu
may be had, and bloodshed thus b
avoided. A depot Waterman i
not in the desperate situation of
travelling guard or messenger, be
cause he is not alone, he is no
far from the assistance of the au
thorities, and he is not opposin
men who kill upon slight prove
cation or no proyGcation at all.
The need Of the depot watchma
to kill is SO slight that no legis
lature ever had it in mind. Q
the contrary the legislature has d.
clared the means of protection e.
perience has dictated as best adap
ed to the public good the power {
the sheriff, his deputies and til
police.
The railroad companies, as we
as other common carriers, no doul
have much valuable property wit
in towns to protect, and are entitle
to have at hands the means
guarding such property; but ha'
they not all the power they can poss
bly, need or use for this purpose. Thu
may have special officers In accor
ance with their needs; they mi
readily secure permits for the
watchmen to carry concealed we
pons provided responsible men a
selected and not too many are d
snanded, the judgment as to I'll
being wisely left to the county a
thorities. And il these means a
insufficient, the fact remains, th
whatever the intent of the legisl
ture may have beeu as to the ca
rying of weapons generally, there
no law of this state prohibiting t
having, wearing and carrying U
concealed weapons for defensive p,