Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-11-30
ci7ions. whether dealing with laws
az inst carrying concealed weapons.

civions, whether dealing with laws
a. inst carrying concealed weapons.
or with regulations as to the manner
of carrying certain weapons, or the
prohibition against carrying weapons
of particular character, will show that
two general lines of reasoning have
been employed in unfolding such stat
utes; first, that such provisions are to
be construed in the light of the origin
their connection with words declara-
tory of the necessity for an efficient
militia or for the common defense, or
tbs like. where they are used, and in
view of the general public purpose
which such provisions were intended
to subserve; and, second, that the
right to bear arms, like other rights of
person and property. is to be con-
police power of the state, and as sub
ject to legitimate regulation there
under. Where state constitution in
terms provides in connection with the
regulate this right, or may regulate
the manner, of bearing arms, these
words expressly recognize the police
power in direct connection with the
constitutional declaration as to the
right But even where such express
sions do not occur, it has been held
that the different provisions of the
constitution must be construed to-
SCtHtI, anu tHdt the declaration OF
preservation of certain rights is not
to be segregated and treated as arbi-
trary. but in connection with the gen.
eral police power of the state, unless
the language of the instrument itself
should exclude such a construction.
The ruling that the legislature may
prohibit the carrying of concealed
weapons essentially comedies the po-
lice power of regulation to some ex-
tent If this be conceded, the question
then becomes one as to whether the
particular regulation involved is legiti-
mate and reasonably within the police
power, or whether it is arbitrary, and
under the name of regulation. amounts
in effect to a deprivation of the con-
stitutiona1 right.
Rights Guaranteed by Constitution.
various other rights are guaranteed
by the constitution. but they are con-
strued in connection with the general
police power of the state The con-
stltution prohibits the passage of any
law curtallinG or restraining the lib
erty of speech or of the press. But it
has never been held that this gave the
arDitrary r1Sht to person to make
public speeches or shout his senti-
ments, at all times and in all places
regardless of interference with public
order; nor has it ever been held that
such guarantees interfered with laws
making libel and SANDER punishable.
The right OF contract has been held to
be a part of the liberty of the citizen,
and yet various contracts have been
subjected to police regulation. The
right to go from place to place is sub
ject to police regulation for the pub
lie health and safety. as. for instance,
in time of epidemics. Other illustra-
tons might readily be given
FOR these reasons l think the con-
stitutionality of the proposed law
would be sustained by the courts, as a
valid exercise Of the police power, and
l believe. moreover, that the ultimate
results of such a law would be highly
beneficial to the people of the Nation
al Capital"