Evening star. [volume] (Washington, D.C.) 1854-1972, 1940-10-13
Legislation 10 Stop
Buying Back Stolen
Property Outlined
West May Give Report
To City Heads to Act
At Tuesdays Meeting

Amendments to District statutes
which he will propose to the Com
missiorers to stop victims of thieves
from having to buy back their goods
from secondhand dealers, were out
lined yesterday by Acting Corpora
ton Counsel Vernon E. West. The
report may 90 to the city heads for
consideration at the Tuesday board
meeting.
Acting promptly after the Com
missioners called upon him for 4
review Of the whole situation, Mfr.
West completed a tentative draft Of
his report, holding that the police
property clerk had no right, legal or
moral, to refuse to return property
to the true owner until the owner
satisfies the demand of the second
hand dealer who has bought the
stolen property.
He said it is well settled law that
one purchasing stolen property &C
quires no title to it and has no lien
on it for the purchase price. He re-
garded as untenable the argument
that the property clerks practice is
justified because it results in Coop
Grafton of the dealers with police in
recovery of stolen goods and that
the public at large thereby is bene-
fitted to the detriment of only few.
Clerk Must Be Protected.
At the same time, Mr.. West
reiterated that the police property
clerk, who each year handles thou
sands Of lost or stolen properties,
of high total value, must be pro-
tected from suits which might be
brought against him by one or more
of the adverse claimants. He sug-
gested legislation. To provide i'm
mediate relief to the established real
owner, he will recommend that the
city heads direct that any claimant
to such property be advised that even
under present law he has three al
The owner may go to
court for an order directing the
clerk to turn over the
he may give the property
clerk a bond with sufficient surety
TO indemnify the property clerk
against any loss he might sustain by
releasing the property, or he may
secure a release from the second
hand dealer or other adverse
claimant.
Promises HearingS.
Mr.. West said the legislation he
had in mind would provide that
when stolen property comes into the
possession Of the police property
clerk and adverse claims are filed,
ne would give notice to the known
claimants and hold a hearing to
determine the one to whom the
would be returned, and
would further provide that the one
'eceiving the goods would release
he property clerk of all liability in
he matter. The hearing would be
held after any criminal prosecution
had been concluded or abandoned
This plan, Mr.. West explained,
would not authorize the property |
Jerk to determine who held title"
o the property and still would leave
adverse claimants their remedies
It law.
Curran to Be Consulted.
District Attorney Edward M. Cur
an, who has Insisted some action
,e taken Immediately, is to be con-
;ulted after the Commissioners re-
,eive Mr.. Vests report.
Meanwhile, study of the situation
to light a provision of the
District License Act Of July !, 1882,
which directs the Commissioners to
evoke the license of q junk or
dealer If they find,
lpon investigation and hearing,
hat the dealer has failed to make
. reasonable inquiry or investiga-
ion as to the title of the seller be-
ore making the purchase.
1t was reported that police OFF,
'ers now and then have made in
designations to determine whether
he dealers had made sufficient in
JURY as to the ownership of goods
hey have purchased, and a number
# hearings have been held this year
N possible revocation Of licenses.
Within the past two years, it was
aid, the District License Com
nittee has ordered revocation of
he permit in two cases. In one Of
hese cases the Commissioners re-
uced the punishment to 4 yus.
'ension for 80 days. l