The Washington times., 1895-01-25

The court 81 appeals yesterday decided
that the puEabinr laws OF the District are
oppressive and that the Commissioners can
not DELEGATE their discretionary control of the
business OF plumbing to any other persons.
The opinion was rendered in The case OF
Thomas W. Kerr against the Commissioners
ard was written by Justice Shepard.
Mr.. Kerr, u plumber with seventeen years
experience. had II contract with rhoafhs E.
waggaman. the real estate agent. TO do
plumbing for him. When the demand came
for him TO secure a license and to register he
declined TO go before the examining board
aud made application direct to the Commis-
sioneis for licensr. II was refused.
He offered 10 give - .0GO bond as security
for bis werk ,jlut the license was still refused
except upan condition that he wonld be cx-
siniDeu by the board. This lie declined. He
/ filed suit against the Commissioners on
une "a. 1894. asking for a mandamus to
compel them TO issue TO him Il permit as
plumber.
! In concluding, the opinion says that minis
teria duties may not be delegated to agents
( Executive officers may have Investigations rs
10 facts made SO as to secure iniormatiun
upon which TO base their action, but they
must exercise their oTn Judgement and not
transfer this duty to the agency selected to
make the inqu5rv. Such
DELEeATioS an POWERS Is USwARRASTED.
! 1t does not follow, however from this
view that the rclator fherr9 is entitled to the
peremptory mandamus compelling grant of
license that he asks. Although authority for
the attempt 10 delegate power TO the board of
examiners is lacking. there is no case made
out that woaid justify the court in holding
/ that the business of plumbing has not such Il
relation TO public health aud safety as TO
justify its regulation in some such manner as
proposed The relator has no absolute right
/ on the face of the statute to exercise his call
/ ing or to have permit without some inquiry
as 10 his qualification.
All he court can do in this case is to CON-
pei the Commissioners to entertain the appeal
OF the relator for permit without referring
him 10 a board of examiners. If the reIator
is in fact found to be competent to exercise
the calling of master plumber within the
limits designated by law II is the opinion that
he ought 70 be admitted 10
LICENSE AND REGISTRATION.
The Judgment of the lower court, which
refused the mandamus, is therefore reversed
/ with costs TO the appellant, the cause is re-
manded to the District supreme court with
! direction TO issue a writ OF mandamus to the
/ Commissioners to give Mr.. Kerr hearing on
! his application for license and registration.
/ The court states i'll its review that the de-
mands that plumber shall be acquainted
with the sciences of hygiene and physics, as
complained of By Mr.. Kerr, does appear to
/ be unreasonable.
Such demands would tend to deprive of
| their natural right to earn "a living by call
ing for which they RAY be well qualified,
men who do not happen to have the special
knowledge asked for. 1t il pointed out that
/ the plumbers work is subject to inspection,
and this rather than examination of plumb
ers should be relied on to prevent fraud and
bungling, unsanitary work.