Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-12-21
PLUMBING ORDINANCE WOULD
CREATE MONOPOLY.

Editor Honolulu Star-Bulletin.
Sir:-In your issue of the 18th inst.
|, Mr. Hilverton says Of smy opposition
to the new Plumbing Ordinance that
: the Supreme Court did not declare
the old ordinance invalid, as claimed
I by me.
!, My opposition to the former ordin-
, ance and TO the present. one was
chiefly directed against the provisions
requiring every person doing plumb
ing work to first have n license.
4 Under the former ordinance, as we'll
as the present. a person cannot do any
plumbing on his own premises, even.
iexcept emergency plumbing, without
being a licensed plumber, no matter
how competent he may be or how per-
fectly the work should be done.
Upon the validity of the plumbing
ordinance our Supreme Court said:
4 Section 2, is, in full, as
follows: From and after the passage
of this ordinance, 1t shall be unlawful
for, any person or PERSONS. firm. or
corporation to carry on the business
OF or do any plumbing work IN the
city and county of Honolulu until he
or they shall have first registered at
the office of t.4e Plumbing Inspector
lSection provides for the issuance
of licenses to persons. firms and cor
porations registered under section 2
/ upon payment of an annual fee of ten
dollars. Section 4 requires all appli-
cants for a license to furnish bond,
with surety. in the sum of five hun
dred dollars conditioned to indemnify
tthe municipality from all claims
which may be made against IL for or
on account of any injury sustained by
any person by or in consequence Of
any actsof the licensee. his agents or
servants. In or about the work per-
United 10 be done by such license, or
on accoent OF any violation of the pro
visions of the Ordinance. and to pay
to the municipality any penalty re-
covered against the licensee for any
violation of the ordinance. -
We hold these sections to- be inopera-
tive"
/! This was all 1 aimed at in that
case. They were the only sections
that could create plumbing mo-
nopoly. -
1t matters but little how painfully
! in detail the ordinance points out
what shall constitute proper plumb
ing. 1 did not object nor do be-
llieye anyone objects, to any reason
able provision requiring plumbing to
be sanitary.
The claim that the ordinance was
not knocked out. by this decision, Is
on the par with claiming that house
gstruck by tornado and twisted all out,
of shape and crushed and broken is
still house, for the reason that some.
of the pieces may remain intact. s.
But it looks very much as though
the law was knocked out, otherwise
why did Mr.. Milyerton have an entire
jely new or1inanes paRHa e. the ssz,1
formed, of over. five hundred dollars
II there was anything left of the old
ordinance, why was ID not amended
/ at a much less cost, for Mr.. Milyerton
says that the old plumbing ordinance
| was remarkably free from defects
| though he says he had nothing to do
with the drawing of it. It matters
! little whether it was his by creation
/ or adoption. He certainly adopted
the monstrosity and defended, it with
such an appearance of belief In its le-I
gality that ] rnistook his zeal in the
case as an indication of a defense of
his own creation. He says it was
remarkably free from defects. Il
claim it was full of defects, but as
I that is a dead issue, will confine my
ex,lR - H. 1;,,e
believe contains most of the defects
/ of the old and some additional ones.
First, the law Is an unreasonable and
! yexatious interference with the right
i to labor; second, it is discriminatory
In that 1t effects plumbers only, and
there is no reason why it should not
equally effect bricklayers, masons,
carpenters and all other mechanical
trades effetsiDg the construction e
buildings. 1t requires no more skill
to lay pipe. than to lay a brick or
join board. ALI kinds of building
work should be regulated by proper
building ordinances to comply with
certain specifications, and anyone
who can do the Work according to
/. those specifications should be allowed.
: W W IL, Ihlcc, IL 10 flClouS III tndt IL
tends to create a monopoly, and bears
especially hard on the poor in the
erection of inexpensive dwellings,
where high class plumbers are not re-
quired and cannot ordinarily be en-
| ployed; four, it is unfair and hypo-
critical, being principally directed
against the Orientals, but does not
+, come out man fashion and say that
they shall be prevented from engag-
ing in the work of plumbing; five, it
absurdly requires that plumber
shall have passed satisfactory exam
ination on his knowledge of the ordin-
ances of the city and county of Hon
! olulu, sthe regulations of the board
of health of the territory of Hawaii,
| an. the laws of the territory of Ha-