The Polk County Republican. (Ducktown, Tenn.) 1914-191?, 1915-01-08
SUGGESTIONS TO THE LEGISLATURE

noss Of the act. as indicated in the caption,
10 suppress the sale and use OF bowie
knives and Arkansas toothPicks IN tins
state That aci did not suppress the use
of pistols forever IN tennessee.
By reading Tie original act 1t IS seen
that it was the sole purpose OF the act 70
do what il did.
Section For selling or offering 10 sell
these weapons fixes the fine from SlOO 10
$500 and Jail sentences from one 10 SIX
months.
Sec 2-For wearing these weapons con-
ccaled about the person fixes The hne from
5000 10 $500 and jail sentence from three
to six months.
See. 3-For maliciously drawing or at
tempting TO draw these weapons from I'M
der the clothes or place OF concealment
about the person for the purpose OF stick
mo. cutting or aweing another person
makes the ofIense a felony from three TO
five years in the penitentary;:
Sec, 4-For cutting or stabbing another
with these weapons in sudden encoun. &c
whether death ensues or not, makes inc
offense felony from three to tliteen years
in the penitentiary. 81
Of course these sections are found IN the
Code of 1853 and in Shannon's ComPlla-
ton. but more comprehensive view as TO
The nurnose of'the act is obtained by study
inc the originalact, which purpose IS DIS
tinctly state in the caption as above quoted
Our Supreme Court in Day VS.. State
Fifth Sneed. 1876, held in vigorous opln-
ion delivered by Judge Caruthers that
person indicted for drawing bowie knlle
from a place of concealment about MS per,
son TO cut or intimidate another cannon
have resort to the plea of self-deense' that
the law makes no exception and the courts
onet enforce # as it is. Judge Caruthers
say that the legislature intended 10 aDollSn
these weapons entirely from use. IL was
commended in that case that II drawn III
seledefense. not maliciously, that self-de-
tense could be relied upon, but the supreme
court said in that case that the rlgni ol
self.defense is not denied by the act, Dut
this particular INSTRUMENT is prohibited IN
the exercise of this right, it 1t be drawn
from any place of concealment about lne
the nerson and be thus drawn with malice
for the purpose of "awing or ntlmldatlng
anv nerson and if this be shown, the OF
tense is complete The court again says
that "if the statute inyades the right OF
selfdefense, the fault is not ours. lnatit
is no fault of the courts; that the statute
must be enforced as it reads. ..
When the legislature puts the Plstol III
the same class with the bowie knife and C, Inc
Arkansas toothpick, pistol carrying VIII Dc
over in Tennessee the same as these TWO
relocated instruments Of death. Not only
the Carrying but the use of the pistol must
be suppressed. ;, ~. 80, for this
purpose should elbow the army and navy
pp;stpl to be carried openly and in the hand
and likewise except from its provisions
sheriffs and other officers OF the law WINE
evening process and in auesting Grimm
ais as now excepted by the pistol statute
| am firmly Of the conviction that II these
SUGGESTIONS be written into the statutes OF
Tennessee that great results will follow IN
retaining the criminal youth OF the siate
and in forever banishing from ITS porderS
the murderous use Of the pistol.
'''' i'i'' = SAM C. Brown.
Athens. Tenn, December II.