The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-08

Lawyers Argue For and Against Ii
COnstitutionality

The first round IN the fight against the
constitutionality of the plumbing law
passed by the last legislature was waged
before Justice of the Peace IngersaIl
yesterday afternoon. AT the conclusion
OF the arguments the justice took the case
under advisement, indicating. however
thar he would render decision in short
time.
No matter how the case goes. IL will
eventually reach the supreme court OF
the state. This is a settled fact, and
shows how much interest is being taken
in the affairs of the Plumbers and their
clients with a view to have everything
done according TO Hoyle.
The court room was crowded when the
case was called. II looked to an outsider
rs II the plumbers were having a picnic
instead of studying law. They took in
every point with the eageFness of a school,
boy who has suddenly found something
interesting IN a hard problem. Judging
from the comments. the plumbers as
rule desire to have the law declared
constitutional. as Il tends TO free the trade
from those who are not qualified 10 do
work properly.
The defsndan. IN the present case is
George II. Brown lie was arrested on
complaint of Plumbing Inspector Swyney
for doing Plumbing work without first
having secured q license. The proseeu-
the examination. but failed. and then con-
t!rued work withou. regard 10 the law
The defense claims that the law is I'M
constitutional. ard It was on this point
that the hearing took place yesterday,
the case having been transferred from
Justice Austsn's court 10 that OF Justice
Ingersoil.
Attorneys Tucker and Hyiand. In at
lacking the law. claimed that IL Is uncon-
stitutionai because /. embraces more than
one subject in its provisions. In this con-
nectfon they pointed out that the Jaw at
tempted 10 regulate plumbing and in so
doing provided for board of examiners
aud "A license. They went further 10 show
that the law did not conform to the stand
ard Of one subject for one law.
The second point they made was to the
effect that the saw really attempts 10 ap-
ply itse.f 10 cities OF the second and third
class, whereas the title says that il shall
apply only 70 cities OF the first class.
Then they pointed out that the ieglsia-
tnre has delegated 10 cities OF the hrs:
class the mana geraent of their Internal
affairs. and such being the condition of
affairs. il could not legally proceed 10
iegislate on plumbing.
In closing they urged that license fee
OF $ was II fact tax on the trade and
not = license
deputy Prosecuting Attorney Fulton
+1Nh ere bss-4tt6h tHAk the C0nsssfutsoNaify
o. fae lew should be sustained because
al subjects apparently covered are. as a
matter 81 fact simply incidental IN the
main one ard connected wl.h IL
RE said you could eliminate all reference
- csszes other than The FIRST Glass. and
ssiI hate = complete and valid act.
In regard 10 tsss legis-a, urss havaag dele
gated 10 cities Of the FIRST class The powsr
20 regulate their own internal affairs.
thus shutting of the legislature. Mr.. F'u}-
ten said that fse act was a police reguia-
t2on aud within sae power OF the lsgssla-
Ezsrs - enact.
He a. act Pay mach attention to the
carfsaftuH Of sAe defendant ahsrfs the
license being d tax. g1ngsy sayfng that
even faouTa tbs provision in reference 30
tae fee Vas void. that dldat inva.isate
sAs szw.