Hughes v. Board of Com'rs of City of Chattanooga

• Decision Date: 12 December 1958
• Citation: 319 S.W.2d 481,204 Tenn. 298,8 McCanless 298
• Parties: , 204 Tenn. 298 Raymond L. HUGHES v. BOARD OF COMMISSIONERS OF CITY OF CHATTANOOGA, Tennessee, et al.
• Court: Tennessee Supreme Court

Page 481

319 S.W.2d 481

8 McCanless 298, 204 Tenn. 298

Raymond L. HUGHES v. BOARD OF COMMISSIONERS OF CITY OF CHATTANOOGA, Tennessee, et al.

Supreme Court of Tennessee.

Dec. 12, 1958.

McClure & Moore, and Don Moore, Jr., Chattanooga, for appellant.

Ellis K. Meacham, Chattanooga, for appellees.

BURNETT, Justice.

This is an appeal by Mr. Hughes from the action of the Chancellor in affirming the prior action of the Board of Electrical Examiners of the City of Chattanooga which was in due course, prior to reaching the Chancellor, affirmed by the Mayor and Board of Commissioners of the City of Chattanooga. The questions involved on this appeal are divided into two phases. The first of these is what action the Court can take in reference to the action of the Board of Electrical Examiners of the City of Chattanooga which was in turn affirmed by the Mayor and the Commission of Chattanooga. There are a number of assignments presenting this question one way or another. The second question involved herein is whether or not Chapter 15 of the Code of the City of Chattanooga which created the Board of Electrical Examiners is constitutional. All of these questions have been ably briefed and argued at the Bar of this Court and we now have the matter for determination.

Under the first question involved the petitioner alleges that the Board of Electrical Examiners of the City of Chattanooga has refused to issue him a Class 1 Electrical Contractor's license despite the fact that he was fully qualified by long experience and training; that he has taken the examination by this Board some two or three times and that the examination consists of three parts which he alleges that he passed two of these parts but he failed on the third and that the examining board illegally and improperly required him to retake all three parts of the examination prior to the lapse of a year from his first examination. He likewise says that from this action of the Electrical Board he appealed to the Board of Commissioners of the City of Chattanooga but this Board dismissed his appeal. He says their action in dismissing the appeal was unreasonable, arbitrary and illegal.

The record fails to show any arbitrary or illegal action on the part of either of these Boards. The record likewise shows that this man took the examination in January of 1956 and made on the respective parts, 68%, 38%, and 77% when a passing grade of 70% is required in all three parts of the examination. He again took the examination in the Spring of 1956 and this time made grades of 60%, 70%, and 77% and on each occasion he was denied a license because his grades on each part did not come up to the required 70%. One of the rules which the Board of Examiners had adopted prior to this examination required all applicants to pass all portions of the examination at one sitting and provided that upon failure to do so, the applicant, upon re-examination, should take and pass all three portions of the examination. This rule of the Board is questioned and assigned as an arbitrary and illegal rule of the Board and their action thereunder is asked to be reversed.

The examinations given by this Board to this petitioner were standard in form, prepared by vocational guidance and educational professors of Purdue University designed to test the knowledge of an electrical contractor and were not vague, unfair or susceptible of more than one correct answer, is the contention of the Board. The petitioner does contend that some of these questions were susceptible of more than one correct answer. Be this as it may the Board though may make up such rules and regulations as it sees fit and if there is no illegal and arbitrary action in preparing the examinations therefor the Courts cannot overrule the action of the Board.

It is shown in the record and contended by the Board and the City that public safety in an urban community like Chattanooga requires that all electrical wiring, fixtures and installations be installed under the supervision of a properly qualified electrical contractor and that if such installations were made by unqualified persons this would endanger the community by reason of a fire or electrical shock to users of the installations. It is thus contended by the City that under the general police powers given it under its charter that it was the duty and obligation to set up reasonable standards for enforcing electrical installations, etc., for the protection of the lives and property of its citizens.

The Chancellor in answer to this question made this very pertinent observation:

'The determination of what questions should be asked applicants for Class 1 Electrical Contractor's license is not a legal function, but an administrative function for the determination of the Board of Electrical Examiners of the City of Chattanooga. From the evidence in the case, this Board made no exception in its procedure as to the examination given to the petitioner. In other words, under the rules of this Board, it was not sufficient for an applicant to pass successfully part one of the examination at one sitting, then pass part two at a subsequent examination and finally to pass part three at a third examination. The Board required all applicants to pass all three parts of the examination at one sitting.'

The able Chancellor further found:

'It is plain that the Board of Electrical Examiners had proper jurisdiction of the subject matter; that they have exercised that jurisdiction in an impartial manner and there is not one scintilla of evidence that the Board acted in excess of its jurisdiction or had acted illegally, arbitrarily or fraudulently.'

We have examined this record and concur fully in this statement of the Chancellor. There is nothing pointed out in the argument and briefs or does the record show where this Board has in any way made any exception of this applicant. There is likewise no showing that this examination was any other than that given to all applicants or that the examination is arbitrary or fraudulent in any manner.

In cases of the kind now before us the Courts will not interfere with the actions of the Board in their determinations of questions of this kind unless,

'the determination is without or in excess of the statutory powers and jurisdiction of the administrative authority, the determination is an exercise of power so arbitrary or unreasonable as virtually to transcend the authority conferred, or is otherwise an abuse of discretion, or is in disregard of the fundamental rules of due process of law, as required by constitutional or statutory directions, as where made without adequate notice, fair hearing, and opportunity for the aggrieved party to present...