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The Law in Tombstone
Ordinances
Relevant in the
Preliminary
Hearing
in the Earp-Holliday Case,
Heard before Judge Wells Spicer
November 1881
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Ordinance
No.9:
"To
Provide against Carrying of Deadly Weapons" (effective April
19, 1881).
Section 1. It is
hereby declared unlawful to carry in the
hand or upon the person or otherwise any deadly weapon within the
limits of
said city of Tombstone, without first obtaining a permit in
writing.
Section 2: This prohibition
does not extend to persons immediately leaving or entering the city,
who, with
good faith, and within reasonable time are proceeding to deposit, or
take from
the place of deposit such deadly weapon.
Section 3: All
fire-arms of every description, and bowie knives and dirks, are
included within
the prohibition of this ordinance.
Note: The Earps knew from reports they had
received that Frank McLaury, and Ike
and Billy Clanton, were in violation of this Ordinance. The
confrontation that led to the gunfight grew out of Virgil Earp's
determination to enforced Tombstone's law prohibiting the carrying of
deadly weapons.
Ordinance
No.7, Section 1 (effective April 12,
1881):
It
shall be the duty of all policemen to arrest all
parties found in the public streets within the city limits, engaged in
brawling,
quarreling, etc., and all persons who be shall found in any disorderly
act
whereby a breach of the peace might be occasioned.
Note: Ike Clanton at several times in several
saloons and other public places, including Fly's Boarding House, had
threatened the Earps and and Doc Holliday, in apparent violation of
this ordinance. Virgil Earp made the arrest on
a public street.