Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-28
At WAR
WITH FAKE SALES
Suggest That District Heads
Have Ample Power to
Suppress Them.
VIEW OF JULIUS PEYSER,
ATTORNEY FOR DEALERS
Conference on Subject Held With
Commissioner Siddons and As
sistant Corporation Counsel.

SlStaAt COIpOI0Cl0n COunSel.
The Joint resolution approved Feb
ruary IS. 1892. giving the board Of
Commissioners power to make and en-
force police regulations for the District
OF Columbia vests them with ample au-
thority to amend the police regulations
now in force in such a way as to put to
an end all fake auction sales. This is
the assertion of Julius l. Peyser, coun-
sci for the jewelers. Association of the
District OF Columbia, which is waging
q fight against such sales
Mr. Peyser had a long talk with Com
missioner Siddons yesterday afternoon
after having had a conf. renee with As
sistant Corporation Counsel Roger J.
Whiteford-durfng which he outlined q
proposed amendment to the police regu-
lations preventing the operation Of fake
auction sales.
Mr.. Peyser called Commissioner Sid
dOns' attention to the second section Of
sioners to make and enforce police regu-
lations for the District Of Columbia
Section Cited.
This section provides:
THAT the Commissioners Of the District
Of Columbia are hereby authorized and
empowered to make and enforce all such
reasonable and usual police regulations.
in addition to those already made under
act OF January 26, 1887. as they may
deem necessary for the protection of
lives, limbs, health, comfort and quiet of
all persons and the protection Of all prop
erty within the District Of Columbia
Mr.. Peyser maintains that the portions
Of the section pertaining to the quiet of
all persons" and the protection Of all
property within the District of Column
bia." give the Commissioners ample au-
thOrity to make and enforce a police
regulation for the permanent suppression
of fake auctions. Such a regulation, he
maintains. would in no way conflict with
a law, amended June e, 1887, providing
that all auctioneers shall give bond be-
fore license Is issued to them. This law
is still In force, Mr.. Peyser asserts. al
though it is not enforced.
Relating to Licenses.
It provides that mo person whatso-
ever shall sell or expose for sale. at
auction, any property, real or personal,
within the District Of Columbia, with
out having first obtained license as
auctioneer. Every person who may
offer to sell at auction any property
or merchandise. without license. shall
be fined not less than 500 for each Of
Tense. Every licensed au uetlo1s s,l
5000. with two good and sufficient sure
ties, to be approved by the Commission
ers (governor), for the honest and due
performance of all duties required by law.
Every auctioneer failing to comply with
the provisions of this section, or the laws
Of the District of Columbia governing
such sales, shall, on conviction. forfeit
his license and be fined not less than 800.
Mr.. Peyser has suggested that the regu-
lations be 80 amended as to provide for
cation for such a license has been. made
in writing. .>.ss
Suggested Form Of Application.
1.-The application should state the name
Of the firm or individual desiring the IL
cense, and how long they had been a
resident Of the District of Columbia. This
application should be made to the as
SCISSOR of taxes, who should refer 1t to the
chief of police for investigation.
Besides making a report on his findings,
the latter official should also make.a rec
ommendation to the assessor regarding
this report and recommendation, the as
SCISSOR should then decide whether the IL
cense should be granted.
"A making his report, the chief Of po-
lice should first determine whether the
applicant has resided in the District Of
Columbia for twelve months prior to max
ing the application. He should also as
tcertain whether the applicant had ever
before violated any section Of this par
ticular regulation. He should report,
also, as to whether he considered the ap-
plicant legally and morally entitled to
such license.
"a license to conduct an auction should
be granted to the person who actually
cries the goods. 1t should not be issued
to the person or firm conducting the
sale. BY having the name Of the crier
mentioned the legal responsibility of any
fake sale or false pretense which might
follow would rest upon the person actual.
ly responsible for the sale, and not the
manager or proprietor of the establish
ment. This rule Is followed out in the
issuing of saloon licenses and also Ii
censes to chauffeurs.
Other Provisions Recommended.
THE regulation should provide that nc
one holding license to conduct an auc.
ton should have about his place Of bust.
ness any person who shall engage ir
putting or bidding up the price for an ar.
ticle that he does not intend to buy. The
regulation also should provide that ne
encouragers should be permitted to b.
present at any auction SALE
AN encourager Is one who does not
puff the bids but stands about and en-
courages legitimate bidders to advance
their figures He does not take such an
active part in the operation Of fake
auction sales as does a puffer."
1.-THE definition Of q puffer, as given In
one OF the standard law dictionaries. is
a person employed by the owner of prop
erty which is SO at auction to bid 1t up
who does so accordingly. for the purpose
Of raising the price upon bona fide bid
ders. This Is a fraud, which, at the op-
ton Of the purchaser. inYalidates the