Hardin v. Foglesong, 8435.

• Citation: 186 S.E. 308
• Decision Date: 09 June 1936
• Docket Number: No. 8435.,8435.
• Court: West Virginia Supreme Court
• Parties: HARDIN. v. FOGLESONG et al.

186 S.E. 308

HARDIN.
v.
FOGLESONG et al.

No. 8435.

Supreme Court of Appeals of West Virginia.

June 9, 1936.

Syllabus by the Court.

1. Mandamus will not be denied on the ground that there is another remedy, unless such other remedy is equally convenient, beneficial, and effective.

2. Statutes restricting the exercise of any trade or occupation must be strictly construed.

Original petition for mandamus by S. H. Hardin against H. E. Foglesong and others, as members of and constituting the Board

[186 S.E. 309]

of Embalmers and Funeral Directors of West Virginia, wherein defendants filed a demurrer.

Writ awarded.

Rummel, Blagg & Stone and E. M. Bur-dette, all of Charleston, for relator.

Steptoe & Johnson, Chesney M, Carney and George W. McQuain, all of Charleston, for respondents.

LITZ, Judge.

Petitioner, S. H. Hardin, seeks, by writ of mandamus, to compel respondents, H. E. Foglesong, James P. Altmeyer, Newell J. Hayman, Earl B. Thrush, C. A. Ruttencut-ter, and E. H. Shanklin, as members of and constituting the board of embalmers and funeral directors of West Virginia, to issue to him a license as funeral director for a place of business in the city of Montgomery, Fayette county, W. Va.

The West Virginia board of embalmers and funeral directors was created by chapter 49, Acts (First Extraordinary Session) 1933. The statute provides that any person desiring to engage in the profession or business of funeral directing shall, upon application for license, be required to show such preliminary requisites and take such examinations as shall be deemed necessary by the board in its rules and regulations. Section 10 of the act requires the board to issue a license to any person who at the time of its passage was actively engaged in the profession or business of funeral directing and who, within 60 days thereafter, has registered as such funeral director with the board and paid a fee of $50. In section 6, it is provided that: "Any funeral director who has more than one place of business within the state, or the owner or operator of any establishment in which the business or profession of funeral directing is conducted, shall be required to obtain a license as funeral director for each such establishment." Section 7 authorizes appeals to the circuit court from the rulings of the board, refusing, revoking, or suspending licenses. Petitioner was, at the time of the passage of the act, engaged in the business and profession of funeral directing in the city of Charleston, and, within...