The Wilmington morning star., 1940-03-07
PLUMBING BOARD
RULING IS GIVEN
Continued From Page Ono,

~I
ing plumbing and heating con,r,
tors was not involved in the 1r,n.
ell case, Associate Justice "
Devln wrote a concurring opt,, |
saying the statute was valid,
Associate Justice NJ. v, Bar,
wrote that the act "eytends Z
to those contractors who cop,r |
to install or restore entire pluna,
systems and heating systems 4.
buildings or to make substana
alterations"
THE analysis of plans and sps.
flcations, the estimation of cos,
the fundamentals of design and !,
stallation Of the like" he sail,
ARE scarcely matters essential u
the familiar and effective use Of tie
pipe wrench and plumbers friend
-.
"While the trade of plumbtn;
contractors, which actively and d.
rectly affects the public health and
safety, may, perhaps, invoke thu
aid of the police power to establish
a better regulated and more saaa
factorily conducted business, 10 ep
tend the terms of the act to ineuis
those who make incidental repairs
and requirements and whose reces
sary qualifications consist rNs
largely of skill of the hands raths'
than of technical training Of ta
mind, would cast in serious iort'
the constitutionality of the act as
an unWarranted use Of the poI'
power"
The court recently held tia! 4
law regulating dry cleaners was Ill
constitutional.
Justice Barnhill also wrote a Dr.
senting opinion in the Blassin9a1'
compensation case, holding that i
careful examination of the reco.
discloses that all of the eyidels
tending to show that the deceas'-
prior to his death, suffered from Y
bestosis is hearsay, being laFsS
based on an unsworn unldentla
report by the United States FI
Health service. All of the eYldel'I
tends to show that the death Of ln|
deceased was caused by pns'
monia."
Writing the controlling oplnA7
Associate Justice Herlot ClalAa@
said the "facts were fully sI,
Gent to justify the industrial W.,
missions finding Of fact tha' NV
proximate cause of death was "
bestosis."
1.-THE facts are distressing
young man, a bread-winner Will
y ..,,E X
wife and child" the justice S!|a
lin the performance of his au.!
his employer, in an INDUSTRY liaDs IA
with danger, was weakened by H., u,
of asbestos dust, ana
from it's effects. His lungs S W.,
practically closed by ground sSs
appearance None of the CUNT .m,
tons of the defendants can
tanned 80" o,isd
The defendants had c0n'sa .,n1
that notice was not given in 'ln1
to make the widow eligible fol ' s.j
sensation u, but Justice C1arkson De-,
that ito construe this see.i'n nogl.
sontended by the defendants ,, a9t n
be to deny the benefits eollLe .iris..
he act in this and all
cases." .,ding %
The widow testified acGo' ud Va,
he records, that her hus0'
subject to violent coushlns' nib
In a case involving a tss ersns
.akenly built partly on In s.sIs III
.ot, the court dismissed apP
both defendant and pIalli'l
brought suit in Durham .s s34i b,
against W. w. Edwards Sr ot tn
s s,rt; to Of 's a house built by n, n1.'' pa,
IN the defendants lot or S.,sp tro1
mission to remove the
he premises.
The opinions were, Runcoube
State versus Mitchell puD
'ersed. o.ntbern RsD'"'
3uncombe. affirmed. 1rsursnce CIV,
Grimes versus Home nnrombe, Ell"
,any of New York, E"s'
md remanded' ,,rance c0uF''
Coltrain versus Insurance ,.
affirsned' ,ro ct 81, N"''
Lamm, ct al, vs.. MAY" .o,rf
c.oomery copCCo'
nd Piemmons versus rar, ,.,4
any, Buncombe, no cslnuthern 1s w.
Biassingame versus S sv%.' aftiraasg,s;a
.Alamancc Lu',' .ffirme1