Davidson v. State
| Decision Date | 16 March 1893 |
| Citation | 26 A. 415,77 Md. 388 |
| Parties | DAVIDSON v. STATE. |
| Court | Maryland Court of Appeals |
Appeal from criminal court of Baltimore city.
Clark Y. Davidson was convicted of being unlawfully engaged in the business of plumbing in the city of Baltimore, and appeals. Reversed.
Argued before ALVEY, C.J., and ROBINSON, BRYAN, McSHERRY, FOWLER and ROBERTS, JJ.
Wm. A Fisher, W. Cabell Bruce, and D. K. Este Fisher, for appellant.
John P Poe, Atty. Gen., Charles G. Kerr, and William P. Lyons, for the State.
Davidson was indicted on the charge that he "unlawfully did engage in the plumbing business in the city of Baltimore without having first received from the state board of commissioners of practical plumbing a certificate of competency." The case was submitted to the court on an agreed statement of facts. It appeared that the traverser was engaged in the plumbing business; that he made contracts for furnishing all the necessary materials and doing all the necessary work in plumbing; that he did not personally perform any of the manual work of plumbing, but employed other persons to do it, who were duly examined and registered plumbers, holding the certificates of competency required by law; and that he himself did not have a certificate of competency, nor was he registered as a practical plumber in the books of the state board. The law under which the traverser is indicted is embraced in sections 402-408 of the Public Local Laws of the city of Baltimore. By section 402 it is enacted that "it shall not be lawful for any person firm, or corporation engaged in the plumbing business in the city of Baltimore to employ, as workmen in said business, any persons except those qualified to work as registered plumbers, and no person shall be qualified to work as a registered plumber unless he has made application to and received from the state board of commissioners of practical plumbing a certificate of competency, and has complied with the provisions of the six following sections." It will be seen that this section recognizes the fact that a corporation may engage in the plumbing business. This circumstance will be important when we consider the other sections. Section 403 prohibits any person from engaging in or working at the plumbing business without complying with the six sections which follow section 402. Section 404 requires every person who shall desire to work at the plumbing business to pass an examination before the state board of commissioners of practical plumbing touching his competency and qualifications: and, if they find him competent and qualified to work at the business, they are required to grant him a certificate of competency, and register him in their books as a practical plumber, which shall give full authority to conduct and engage in the business of plumbing. Section 405 refers to the payment of a sum of money for the certificate; section 406 to the disposition of the money received for the certificates; sections 407 and 408 refer to the tenure of office by the commissioners, and their power to make rules and regulations. There is some little confusion in the language of these sections; but it distinctly appears that no one is required to be examined, and to receive a certificate from the state board, unless he desires to work at the plumbing business as a practical plumber. The language of section 404 is explicitly restricted to such persons; and it would be impossible to extend, by construction, the duty of undergoing an examination to those who are engaged in the business without doing the manual work, because a corporation may so engage in the business, and it would be absurd to say that it should be examined. The duty imposed on this class of persons is to employ only those who are qualified to work as registered plumbers. The meaning of section 403 is not altogether clear. It is impossible to give it a literal construction. It makes it a misdemeanor to engage in or work at the plumbing business without first complying with the six sections following the 402d. Now, the 406th, 407th, and 408th refer exclusively to the board of commissioners. The 405th regulates the fees to be paid by those who successfully pass examinations. The 404th, the only remaining section, requires, as we have seen, the examination only of those who desire to work at the plumbing business. The only way in which persons who are engaged in the plumbing business...
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