Arizona republican., 1922-04-02
Valley REAL TORS ANXIOUS[Y
AWAIT OUTCOME Of FRIENDLY
SUIT" AGAINST LICENSE LAW

Valley realtors are anxiously await
ing the outcome Of the friendly SUIT
instituted in superior recently py
Howard r. Dillmau against the real
estate commissioner and state OF
Arizona. in which the constitution
ality Of the Arizona realty license law
is being tested. Although taking no
active part i'm attacking or defending
the act. the Salt River Valley Real
tors association, which organization
framed the bill and was responsible
for its passage at the last regular
session of the state legislature. has
stated that il believes action to test
the validity OF the law proper at this
time
In his complaint, Mr.. Dillman alleg-
es that:
''Ha has been advised and informed
by his counsel. and upon such in
Formation and advice, alleges the
fact to be that the said purported act
of the legislature Of the state OF Ari-
IONA is unconstitutional, invalid and
null and void in that said purported
act OF the legislature, aforesaid, does
hv its terms contraveEe various and
several provisions OF the constitution
of the state of Arizona: that the
legislature was without authority TO
pass such an act and said act is be-
Hond the power of the legislature OF
the state of Arizona, is unauthorized
by the constitution and the statutes
OF the state and is void.
THAT amongst other provisions of
said purported act Of the said legls-
lature seeks to regulate or penallze
a business, which said business is In
no respect vicious, demoralizing or
dangerous TO the community; tnat
section of said act attempts to de-
fine certain persons as being real
estate brokers and real estate sales
men and excludes all other persons
not coming within its purview; and
section of said purported act dele
gates to the real estate commissioner
power to regulate and control the
issuance of. and revocation OF licens-
es and in him is vested the arbitrary
power TO Withhold a license, grant
it or revoke it; that section IL of
said purported act requires that the
application of applicant be certified
TO. as required by said section, by two
citizens and said Section IL requires
that the applicant give an account
OF himself as a condition precedent to
securing a license to carry on leglt-
innate and lawful business and the
real estate commission is made the
sole Judge as to whether or not a
license should be granted to any par
ticular applicant, and said section
REQUIRES that bond in the sum or
g. 500 be given before the business of
real estate broker or salesman can
be carried on in the state of Arizona
and such a bond is burdensome, un-
fair and unjust and is not authorized
bv law and subjects the broker or
dealer TO burdensome obligations and
oblisations which he cannot forsee
or avoid: that section II of said pti1'-
ported act requires the payment OF
$40 per annum for the privilege OF
doing a legitimate business and re-
auires the applicant or the dealer or
broker TO establish a definite place of
! business or office and requires that
the business be transacted in that
place of business only, and section IA
of said purported act gives the real
estate commissioner power to tenn
porarily suspend or permanently re-
woke any licenses issued by him ana
gives the said real estate commission
unauthorized power with respect TO
the revocation and suspension or the
license provided for in said act, ana
makes the said commissioner the sole
nudge of the facts respecting the
StfsDension or revocation of licenses
and thereby vests in him an assumed
authority beyond the power OF the
LEGISLATURE to grant"
In conclusion, the complainant al
Geees that the said real estate com
missioner threatens to, and is about
800 tho rnt.ox-iciou of this law