Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-25
COMMISSIONERS TO EXAMINE
Too Much Power Delegated to the Plumbing
Board. ,-. ~
Court of Appeals Decisio. In the Case
of Plumber kerr-A MAN..
- deus Ordered.


journment for the month, the Court Of APP
peals handed decision downwhich has been
awaited with more than usual interestby the
plumbers of the District The case was that
of Plumber Thos. W. Kerr, who, several
months ago, asked the District Supreme
Court to compel the District Commissioners
to grant him a license, without requiring
him to appear before the plumbing board
for examination. In his petition Mr.. Kerr
alleged that he had worked as a master
plumber for seventeen years, and was fully
competent to perform the work, and that
when he asked for a permit to do certain
work, he was refused the permit, because
he was unwilling to submit to the examina-
ton prescribed by the board, he claiming
that such an examination required a
knowledge of physics and hygiene. with
which he was not sufficiently acquainted
to meet the requirements of the board, and
which, he insisted, was not necessary.
Chief Justice Bingham refused to grant
the writ of mandamuS whereupon MIX
appealed to the Court of Appeals.
Safeguards Provided.
In the opinion Of the appellate court,
written by Mr.. Justice Shepard, the fact
Is referred to that tho petitioner offered to
file a bond of $1,000 for the faithful and
satisfactory performance of his work, and
then the court says: las regards the call
ing of the plumber. while few may be able
to Judge his qualifications in advance, yet
his work stands for inspection and rectifi-
cation and his competency or frauds may
be easily detected and completely remedied
under the system of general rules for the
inspection Hereunder adopted by the Com
missioners. This latter safeguard may
we'll b, conceived as more likely to prevent
the dangers of faulty plumbing than the
mere examination into the qualifications OF
the workman
Specific Knowledge.
1t Is not an easy matter, explains the
court to define the line beyond which the
power of the regulation of trades and bus
mess may not be extended in the interest
of public health and safety without be-
coming an unwarrantable invasion of pri-
vate rights. Each case necessarily must
depend upon it's own peculiar circum-
stances and conditions. Hence the ques-
ton arises as to whether the trade is one
justifying police regulations. To what eX-
tent the regulations may be extended is
for the courts to determine. That knowl-
edge of physics and hygiene which an
architect, sanitary engineer or an in
spector of plumbing must possess. the
plumber. says the court, might well I'M
derstand. But his work being largely me-
chanical. such a knowledge is hardly nee
eSsary. Therefore, to a certain extent, the
regulations for the examination of the pc
titioner were unreasonable and oppressive
Discretionary Powers.
The court holds that the Commissioners
possess a discretionary power in the mat
ter, which cannot be delegated to the ex-
amining board. Mere ministerial duties"
1t holds, cannot be delegated to agents,
and inquiries cannot be made into facts
for the information and instruction of the
Commissioners. or for the purpose OF aid
ing them in the exercise of their own judg-
ment and discretion without transferring
the same to the agency selected. We are
constrained to hold TINT the effect of the
regulation for the examination here COM
the discretionary power intrusted to the
Commissioners, which is unwarrantable.'
Has a Right.
While the court Is of the op.nion that
Mr. Keer is not entitled to the peremptory
nandamus to the extent asked, 1t explains
that Notwithstanding the want of au-
thority for the power attempted to be del
egated to the board of examiners, there is
no case made in the record that would
justify us in holding that the business of
plumbing is in such relation to the public
health or safety as to justify or excuse
such regulations in the interest thereof.
Hence the relator, under the showing here
made has an absolute right on the face
of the statute to exercise his calling and
to have the license and permit which he
demands made the subject of some inquiry
on the part of the Commissioners them
selves
The Courts Authority.
In conclusion the court holds that all it
can do by way OF command to the Com
,nissiorers is ito compel them to receive
and entertain the apple alton of the relator
without referring it to the board of ex-
aminers. If the relator can establish the
fact of his competence to conduct the bust
ness of master plumber within the limits
designated or to be ascertained by refer
ence to this opinion he ought to be admit
ted to license and to registry and the full
exercise of his privileges, which We have
no doubt will be accorded to him.
1t is therefore directed that. upon Mr..
Kerr's pay ment of costs, the lower court
shall issue a writ of mandamus, requiring
the District Commissioners to give Mr..
Kerr hearing on his application for IL
cenSe and registration.
Naval Lodge, No. 10. =. O. G. T.