The Birmingham age-herald., 1905-02-19
PENDING PLUMBING ORDINANCE
A Measure Which Is Said to Tend Di-
 rectly Toward Monopoly.

To the Editor of The Age-Herald:
 The plumbing ordinance which was re- ported favorably by the Judiciary commit tee passed it's second reading in the city council of last Wednesday yight. However, upon it's third reading it was vigorously opposed by Heidt and Cope land on the ground that they had not received a copy and it was passed over until the next meeting which was the last one held, when the committee asked for further time. when it will come up on the 22nd of this month for final pas sage.
 This ordinance is sought to be upheld, it seems to me, on the ground of the ex- ercise of that branch of the police power of the city which pertains to public health. 1t requires that all persons who desire to engage in the plumbing business must first submit to an examination as to his qualifications as a practical plumber and receive certificate as to his competency; also all persons are prohibited from doing any work, of any kind whatever, which in any way pertains to the trade of a plumber, without first having paid $2 to an examining board composed of three plumbers and after make application re ceived from them a certificate as to his competency. Now this board has the very greatest and an entirely arbitrary discre- tion as to what qualifications 1t will ex- act from the applicant
 Can it be upheld as a sanitary ordi- nance? The trade of a practical plumber Is not one of the learned professions, nor does such plumber hold himself out ir any manner as an expert in the science of sanitation" such qualifications are for persons who pursue all occupation invol- wing learning and skill of an uncommon order.
 This ordinance would close up about a dozen of the smaller plumbing shops in this city and throw out of employment over 100 men. It detracts from the lib- erty of the citizen acting as simple plumber in his effort to support himself and his family, by the honest practice of useful trade. And the evident purpose of giving an opportunity to the favored few of exacting from they citizens who are necessarily compelled to employ them at enormous prices for their labor.
 The ordinance prohibits absolutely any young man to work as an apprentice in this city He would be necessarily com pelled to go elsewhere to learn the trade and then return home and deposit his 9z ana make appncatlon Gnd submit nlm- self to the mercy of this gaming board. They may require a scientific or a mere perfunctory examination, at the discre- tion of this board, composed of the fa- vored class.
 The ordinance requires that water closets, other than the tank-closed, must be taken out within 30 days after the pas sage of this ordinance and the tank closet put in. Half or two-thirds of the closets in this city are not of the tank kind, but l understand they are just as good If properly put in. This change would cost the citizens of Birmingham the enormous amount of from fifty to one'hundred thou sand dollars. Each one of these closets cost between $25 and sl00.
 The council may provide for the sani- tary inspection of plumbing work, and thus secure kind of work, as to it's sys- tenn and sufficiency, which might tend towards the protection of the health of the general public.
 The ordinance is undoubtedly unconsti- tutional in several of its provisions. The people should not be put to the test of having to set aside by law such an ordi- nance.
 If 1t is an ordinance intended simply ordinary capacity necessary for the prose cution of the trade of plumber it is useless and vexatious and not a health regulation in any form. It would certain ly be absolutely worthless as health ordinance.
 c. J. DOUGHERTY. Birmingham, February IS, 1905.