The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-10
PLUMBING LIN INVALID.
50 DECLARES JUSTICE or THE
PEACE FRANK rNGERsoLl-
Decision In One of Importanee In
the State-Presecasing Attorney
Win Appeal to the HaixAer Co.rt
fee y Reversal af the Case.

Justice of the Peace TngereoA handed
down decision yesterday afternoon in
the case OF he state rs George Fl. Brown,
In which he holds saai the plumbing las
passed BY the last legislature - unconstl-
tutiorsai
The decision is one Of great interest
as IL applies 10 every city OF Importance
in the state and viii be eagerly seixed nr-
on by those who have bean unable to meet
the requirements Of the hoard Of plumb
ing examiners
The state has given noslee % an appeal
and viii push tsse case TO inal deter
minasicn IS soon IS possible.
The court oserEuled every objection to
the law save that which referred 20 the
subject OF an act being expressed In the
title. In this connection the decision was
as follows.
However. a msre serious objection is
urged BY the defendant upon the ground
that the act violates section 10. article IL.
o. ina state constitution. which expressly
provides that the subject OF an act shall!
os expressed in the title. il Is the policy
or tbs law that this validity OF an act Is
presumed unaess lis nailsty and invaiidisy
are beyond rsasofiab.e coabs- The rule
provision IN a sia;siSa having natural Gen.
nceiion with the subject expressed in the
sitle and not foreign to Il Is 10 be deemed
within the constitutional inhibition
Nevertheless, there should De some sort Of
logical connection between the subject as
expressed in the title and as set out in the
body OF the act.
1t seems 20 the court that the body and
the title Of the act are thoroughly incon-
gruous and that there IS no definite sug-
gestion In the title either 10 q legislature.
TO what appears In the act itself a read
ing OF the title would suggest. If anything
that the legislature proposed 10 provide
regulations as 20 what standard drainage
pipes and the plumbing OF houses In cities
OF the rirst class must comply with, how
waste pipes must be constructed, what
quality of material must be used. what
sort OF connections are necessary. hu; GER
tainly nothing along these lines appears IN
the act Itself.
Instead. # contains only regulations as
TO the occupation of plumbing what a
plumber must do to SECURE q license. who
shall constitute a hoard 10 catechize him
and pass upon his qualifications. how much
ne must pay for his ,icense. what penalty
the restrictions imposed.
1T Is urged by the state. in support of
the act. that y is wholly Within the police
legislation such matters as are here in
controversy. and as a broad principle Of
Law the contention Is correct. II only the
power Of the state be regularly and legally
''The states attorney urges that even IL
certain provisions OF an act have no nee
essary or proper connection with he title
these may be eliminated and the remainder
OF the act stand. This Is certainly the
law. but in this case " such portions of
the act should be eliminated. what would
remain: In the opinion OF the court, Moth
ing At ALL
Naturally. heinE a coart of such In
fer:or Jurisdiction, we reluctantly approach
such a step az declaring invalid an act OF
the legislature. but being required to de-
clare what the law is and feeling that il
fs our duty TO enforce the constitution az
the paramount law whenever. as plainly
appears In this case. a legislative enact
ment Is IN conflict with t. we shall meet
the issue, The defendants demurrer TO
the complaint will be sustained"
After Justice Ingersoii had rendered his
decision, Deputy Prosecuting Attorney
Fulton gave notice of an appeal.