New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-08-18
THE LICENSE QUESTION
Advocates Say the Public
Would Be Protected.
THEIR MOTIVES ANALYZED
Lindner Declares That Realty
Affairs Cannot Be Regu-
lated in This Way.

There are still many persons identineo
with the real estate business who adVo-
cate. I'm spite Of many past reyerses, that
! brokers should be prohibited from doing
| business without a license. They argue
/ that the realty fraternity would soon oe
rid OF dishonest persons, as under lhe
proposed law they could not get license
Walter Lindner solicitor or the hue
Guarantee and Trust Company. tells III
the last issue of THE Real Estate Maya
zine abcrit the selfish aims of the adNo'
Gates ~ the proposition and why ia"
recurring brokers 20 have license en-
acted some years ago, was declared un'
constitutional.
Mr.. IIndncr says: From time to Time
the pluroslton is presented for discus
sion whether IL is advisable TO eXcluhe
from t1b., business Of real estate broker
age all persons who have not obtained
license 10 engage in the vocation vi
course. this proposition IL usually cioahep
with the plea that IL Will tend 70 pto'e''
the public From what and from "'o'i'
is not clear. unless It be from the per
sons who are now engaged IN the puis"i'
intended 10 be licensed.
at tire recent convention OF the M
tlonaI Association Of Real Estate FN'
chancep this proposition was brought oui
again ms a recommendation Of the COM
nlittee an state legislation.
"Th,s sort Of thing is not new to the
roaI oaate business. nor Is II peculiar
TO that pursuit. The ms wouid IKE "
limit the number OF those engaged IN
every vocation.
"ITpon the expediency Of organizing any
, trading pursuit into a closed guild. there
can be much said in the negative. but
leaving out OF consideration these ques-
tions. the difficulty of framing such legis-
lation. under our system OF CONSTITUTIONAL
law is something which boards OF brokers
arc prone to forget.
.Tn New York the act requiring broKcrs
N obtain written authority as condition
~ attaining an onfocible contract for
4 CONDENSATION was declared unconsutu-
a onal by the court OF last resort ana TO-
"a ntIy the statute Of New York permit
,in a license TO do an insurance broker
an, business, 20 be issued only to that
limited class OF citizens who would puf-
sus the insurance business as main
sou, ce Of livelihood or in conjunction with
tho real estate business, has been 40
cIarad unconstitutional By the Appellate
DlviA on Of the Supreme Court.
9TH, ,se decisions are not founded on
marc .technicallties, but upon the broad
princltte ingrained In our lnsututlohs
that every one must be permitted to pur-
sue any lawful CallirE, OF contract Win
fg.. con
pcnsation for service, unless tho regula-
lion or Er.rtation ~ the calling 20 experts
can he untitled vi der the general police
mower. Tfts means that every one may
pursue heppiness and sock livelihood
unless m nlpractich I'm the profession or
trade wo,;ld endtnge- life or health or
would Diet rimenttlly AFFECT the morals or
the m,nity
what IS, there i'm the buying and SELL
Ing OF real estate. as principal or agent.
which brin KS this vocation within this
sphere Of Regulation? Why not license
the dry Eods clerk or the newsboy before
permitting them 60 make living or
Why not require Cue tailor 90 join a trades
union before he SRn make clothes? The
principle Is the slime. II commercial deal
ings In real estate can be regulated IN
this way, no business or trade IL safe
from regulation. Admit the night TO
regulate and you admit the right to limit,
discipline and exclude.
But some sa, the real estate business
IS not business. but a profession.
Change Of nomolclature makes no essen
tial change In the thing TO which the
name applies. Real estate dealings are
not and never can he classed as profess
sIonal work, no apply the name thereto
is merely the disclosure of desire TO
IA Ire the business standards OF the yoca-
ticp. This, however cannot be done by
leg sslation: II must come from within. by
COZ sscious effort. on the part Of those now
in ,,he business