Block v. Board of Police Commissioners

FOX, J.

In this mandate proceeding petitioners seek to annul the action of the Board of Police Commissioners of the city of Los Angeles revoking their junk dealer’s permit, which authorized them to carry on the scrap metal business. The trial court denied them any relief. They appeal from that judgment.

On June 12, 1950, the board cited petitioners to show cause why said permit should not be revoked upon the ground that

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they had violated the provisions of section 24.01(g) (1) (2) (3) of the Los Angeles Municipal Code by reason of their alleged willful and unlawful failure to report to the police department, as required by said section of the municipal code, the purchase of 1,100 pounds of lead from one Ahrens, a chief petty officer of the Navy. The material was alleged in the order to show cause to have been stolen from the naval base on Terminal Island. It was further alleged that as a conseqenee of said theft the navy officer had been held for court-martial by the naval authorities.

Hearings were held by the board on June 21, July 19, September 27 and October 4, all in 1950. At these hearings it was developed that Ahrens came into petitioners’ place of business in a navy truck and that he was dressed in the navy fatigue uniform. Mr. Block, one of petitioners, told the board that he asked Ahrens if the lead was stolen and was advised by him that it was not; that “he got it from a blacksmith shop of surplus material; . . . from a blacksmith shop in the navy.” The officer, however, testified that Ahrens admitted the theft. Ahrens used the name “Gray” in this transaction with petitioners. He did not furnish any identification. Mr. Block further stated to the board that Mr. Whitney, an investigator for the office of the United States Naval Intelligence, “asked me if I would return the lead to the Navy. I said ‘Yes’ and we returned the lead.” It was stipulated that although Ahrens was ordered to stand trial before the United States Navy general court-martial at San Diego on certain charges, nevertheless the specifications involving this lead were voluntarily withdrawn and no prosecution on account of said specifications was conducted.

There was testimony before the board that petitioners had suggested to Ahrens that if the lead were melted down a higher price would be paid for it; also, testimony of an alleged bribery attempt of the police officers by one of them.