Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-05-24
PISTOL TOTING
IS CRITICIZED
Supreme Court Says a Jour
new Is No Excuse For
Carrying a Weapon
FOR CHANGE IN LAW
A Relic of Remote PeriOd-PistOl
TOter Generally Finds
Trouble.

Little Rock, Ark, May 23,-While
impelled to reverse a case in which
man had been convicted of carry
ing a pistol, because the facts show
ed that he was clearly within the law
as it relates to carrying weapons On
a tourney, the Supreme Court Of
Arkansas yesterday, nevertheless, re
gistered its emphatic objection ID
this exception of the law which al
lows a person to carry a pistol "on a
Journey" and urges that the law
should be so remodelled as to strike
this exception out. ~ ~ r.
/. Briefly, the facts in the case are
as follows: 80
Charles Ellington of Spadra called
on a young lady at Denning, Is miles
distant. He drove down in a buggy
and carried a pistol in the foot of
the buggy. When he reached her
home he removed the weapon from
the buggy and placed 1t in a bureau
drawer in the sitting room. On
leaving that afternoon for Spadra he
replaced the pistol in the buggy, and
on his way home was intercepted and
arrested by the town marshal OF
Denning, on the charge of carrying a
concealed weapon.
HE n1no uno that he Uo On a
Journey. The city authorities of Den-
ming did not sustain this plea, how
ever, and he was convicted. He ap-
pealed to the Supreme Court.
In passing on the case the Su-
preme Court held that, based on the
Supreme Courts Interpretation of the
present statute allowing one to carry
a pistol IN a journey, Ellington was
clearly within his right. He knew
few people in Denning, did not visit
there frequently and was entirely
outside his accustomed circle Of
friends and acquaintance when in
Denning. Hence. as the statute now
stands, he was justifiable in carry
ing the weapon. The statute has
been construed In former cases to
mean that whenever one passes out
side his accustomed circle of asso-
ciates and into a locality where he is
not known Or acquainted then he is
permitted to carry a weapon for pur-
poses of protection against exposure
% dangers on the highway.
Says Excetipon is %Antiquated.
In its opinion today the Supreme
Court says it is unfortunate that the
law has not been changed and this
exception which allows a weapon to
pc carried on a journey stricken out.
In part the court says:
1T is truly CSgretable that the
lawmakers have not %remodelled the
stature so as to strike from l. this
antiquated exception, which is really
a reflection on our civilization and
which, too aften, affords a convent
emf loophole for the escape of viola
tors OF the law. In these DAYS there
are no perils of the highway against
"nieh the traveller needs for pro-
tec-lon a deadly weapon. The en-
lorcement of law and order should
oe and is a sufficient guaranty of
saiety TO the traveller along the high
way, and 1t is absurd to say that he
needs a pistol to protect himself from
attack.
is Relic Of Remote Period.
rms exception in the statute
asaihst plstol-carrying Is a relic of
rays rar remote from the present,
when men had to protect themselves
from lawiessness by their own
strength and proves, and II i NOT
IN keeping with modern civi,;1st;on
The saoner it is stricken ont Of tbe
statute the better for our good name
ana Tor the peace and good order #
society.
Pistol Toter Generally Finds Trouh,e
The man with the pistol is gan.
erally looking for trouble, and ht
finds 1t oftener than the unarmed MAJ
However. the evidence in this cas-
SHOWS the appellant was in gi,od fait,
pursuing a journey within the mean
ing OF the statute, and that he is no
OF violating the law. The judgemen
IS, therefore, reversed ard the caus
remanded for a new trial"
Baked At Cold Steel