The Law in Tombstone

Ordinances Relevant in the Preliminary  Hearing
in the Earp-Holliday Case,
Heard before Judge Wells Spicer


November 1881


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.

 

 
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