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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 to be unlawful for any person
to carry deadly weapons, concealed or otherwise [except the same be
carried
openly in sight, and in the hand] within the limits of the City of
Tombstone.
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:
"Any establishment,
house of prostitution or other place open to the public and it shall be
the
duty of any officer to enter such place and at once arrest such persons
as he
may then find engaged in or causing such breach of the peace."
(effective April 12,
1881).
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.