New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-07
MAY SOLVE "GUN LAW"
Justice Golf to Hear Test Case.
a PaWnbroker Standing Trial.
"BlG TIM" NOT PUZZLED
Says so-Called Difficulty of In
depreciation Is Inspired by
Enemies of Measure.

n. differences Of judicial and legal opin-
ton in this city in regard to the new Sult-
van dangerous weapons act simmered
down Yesterday TO q question Of the mean
ing Of the word possession" ss used In
th. text Of the Law Justice Cor. sitting
IN Part II Of the Supreme Court. will have
tn. opportunity Of enlightening the world
on that important matter tomorrow. II the
plans If the District Attorneys Office go
not awry.
Michael 7. Sweeney. attorney for the
psvnbrokers' association. agreed yester-
dsy 20 the request of Mr. WasservogeL
assistant district attorney. that the case
cf Ivan Prince. q pawnbroker arrested on
September /. the fret day Of the enforce
mont Of the Law. charged with having in
hts possession FIVE revolvers without e
license duly issued and signed, should ne
MADE test case. lie will apply this
morning for a writ Of hsbeas corpus.
which will in ell probability he made re
turnable Tomorrow before Justice Golf.
The much discussed question as 10 whether
= r,gn may keep a revolver in his house or
place 81 business without obtaining per
NIT will then be on the road 10 solution.
When Magistrate OConnor dismissed
yesterday morning the case Of William r.
Ruhl a bank clerk. arrested the day be-
fore on the charge OF having an un-
licensed revolver in his desk critics 81 the
Sullivan law maintained that point had
been gained IN their favor. The msgis-
trats fastened. however. 70 point out that
he had rendered no opinion on the law it.
self. but had merely treated the case on
IS merits
Tt was not shown Magistrate O'Con-
nor explained. that Ruhl had the pistol
n his possession. In fact. the evidence
distinctly proved that many OF the, other
clerks in the Office had access 10 the
weapon. Though Ruhl admitted owning
the revolver, the others used IL DIS much
as he did
In order 20 obtain a conviction before
his court physical possession must be
shown. That IS what the law states. and
each case will lie separately judged on
that basis. Constructive possession will
rot convict a man under the law; he must
be shown 10 be solely and wholly respon-
3 Die for the weapon before l will hold
him. But ! have already held three men
Who lad weapons on their person when
arrested. and one OF them was in his own
room at the time. Whether the higher
courts will uphold me I am unable 10
say
judge Foster. OF the Court OF General
Sessions. preferred not 10 discuss the Jaw
yesterday. on the ground that q case in
which it figured might come before him at
any time His customary attitude toward
new law. however, he said, was 10 en-
force II strictly at first SO that people
might learn Of its existence. even though
the enforcement might work hardship in
individual cases.
District Attorney Whitman impression
hat the courts would not convict repu-
table householder for keeping a revolver
bought before September I in his home
without a permit remained unchanged up
70 last night. IL spite u the statement
issued early in the day by the sponsor OF
the law that II was the intent Of the Legs
lsture 10 make every person who kept any
hrearrn OF a size which might be con-
Cealed upon the person anywhere in his
house. place OF business in his store or in
his trunk 10 take out license for so
keeping IL
Senator Sullivan Interpretation Of his
law was practically that on which the
Police Department has been working since
n went into effect. He did not see any