Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-03
THE LAW AS TO PAWN BROKERS.
Arguments in the Police Court In the
Test Case Of p. c. Merry.

In the Police Court yesterday after THE
Stars report closed, in the case of P. c. Merry,
the junk dealer in Georgetown charged by In
spector Block with violating the police regula-
tons relating to the purchase of secondhand
articles, Mr.. W. A. Cook continued his argu-
ment in support of his claim that the regula-
tons are illegal. He argued that the regula-
ton under which this case was brought is an
unreasonable and oppressive one and that if
enforced his client would be forced out of BUSH
ness. He called special attention to the section
giving the police power to search and make
seizures Of alleged stolen property without war
rant and said that such regulation was an un-
just as well as an illegal one.
q THE THREE GROUNDS OF THE DEFENSE
Mr.. Cook did not dispute the facts as shown
by the prosecution, but contended that the
regulation was invalid upon three grounds:
LIST. That the regulation was unusual and I'M
reasonable. I'd. That the act Of Congress does
not confer the power exercised by the Commits
sioners. Sd. That the regulation is unconsti-
tutional inasmuch as it is in restraint of trade
and an understandable interference with the
rights OF private property. Counsel presented
various authorities in support of his position
and cited an Illinois decision to the effect that
a municipal ordinance which required drug
gists to enter in a book the name and descrip-
ton of every person to whom they sold ntoxi-
eating liquors was unreasonable and uncon-
stitutionaL
THE POSITION OF THE PROSECUTION
Mr.. Shillington opened his argument for the
district by calling the courts attention to the
fact that the act of Congress passed in January
1887, authorizes the Commissioners of the
District of Columbia to make usual and reason
able police regulations and prescribes the sub
l.. IL
power. Section of that act directs that such
regulations shall be made for the full inspec-
ton at all reasonable times of pawn Offices
places where secondhand clothing is bought and
sold, and junk dealers establishments In pur-
suance of the statute the commissioners made
a regulation requiring pawn brokers and Junk
dealers to keep a book in which shall be fairly
written IN English q complete record of their
daily transactions. including q description of
the articles purchased, the name and residence
Of the parties selling or pawning the same
and other facts and circumstances respecting
such pawn or purchase.
THE COMMISSIONERS HAVE FULL AUTHORITY
Mr.. Shillington contended that the statute
gave the Commissioners full authority to make
the regulation in question. That while the
act does not specify how such inspection shall
be made it confers upon the Commissioners, in
their discretion, to provide the means and
methods by which the object and purpose of
the act shall be attained. Mr.. Bhiflington
stated that because of the peculiar character of
the business of pawn brokers thieves resort to
them TO dispose of their plumber, and conse-
quently. vigilant police supervision Ia neces-
sary to discover and prevent crime. Such
control, when reasonably exercised, il not
restraint or interference with their business,
but legal and necessary supervision in which
the public 10 interested. Mr.. 6hillington
exhibited various ordinances Of . similar char
actcr In force In other cities and commended
for that reason that they were not unusual
Authorities were then offered 10 show they
were reasonable. Mr.. Shillington had not con-
cluded when the court adjourned.
The argument win be resumed this after
noon.