People v. Babcock

• Decision Date: 01 December 1955
• Docket Number: No. 88,88
• Citation: 343 Mich. 671,73 N.W.2d 521
• Parties: The PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Charles W. BABCOCK, Defendant and Appellant.
• Court: Michigan Supreme Court

Page 521

73 N.W.2d 521

343 Mich. 671

The PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Charles W. BABCOCK, Defendant and Appellant.

No. 88.

Supreme Court of Michigan.

Dec. 1, 1955.

Leithauser, Leithauser & Tobias, Detroit, for defendant and appellant.

Thomas M. Kavanagh, Atty. Gen., Edmund E. Shepherd, Solicitor Gen., Lansing, Gerald K. O'Brien, Pros. Atty., Wayne County, Detroit, Samuel Brezner, Chief Appellate Lawyer, Angelo A. Pentolino, Asst. Pros. Atty., Criminal Appeals Division, Detroit, for the People.

Before the Entire Bench.

SHARPE, Justice.

Defendant, Charles W. Babcock, was convicted of unlawfully using a title tending to convey the impression that he was an architect in violation of C.L.1948, § 338.551, Stat.Ann.1953 Cum.Supp. § 18.84(1) by advertising in the Detroit News on January 1, 1954, as 'C. W. Babcock, Architectural Engineer and Builder.' The record shows that defendant is registered with the State Board of Registration for Architects, Professional Engineers and Land Surveyors as a registered professional engineer, and that he is not so registered as an architect.

Defendant's registration certificate as a professional engineer reads as follows:

'State of Michigan, Board of Registration for Architects, Professional Engineers and Land Surveyors.

'Be it known that Charles W. Babcock, having submitted acceptable evidence of his training and other qualifications, has been registered and is hereby authorized to practice Professional Engineering and use the title 'Registered Professional Engineer.' The particular fields of engineering practice and experience embraced by the evidence mentioned heretofore, on which the Board has based this registration, includes construction.

'In witness of these presents, the Board grants this Certificate, which shall be effective for three years, from February 12, 1946, and for additional periods of three years each, when so certified by the Board.' (Emphasis added.)

Upon leave being granted, defendant appeals and urges that he is not prohibited by the act in question from advertising himself as an architectural engineer, and that the act is unconstitutional for the following reasons:

'It is so vague and indefinite taht to convict a defendant under this Act would be a denial of due process of law of the 14th Amendment to the Constitution of the United States and/of the due process of law clause of Article 2, Section 16 of the Constitution of the State of Michigan of 1908.

'That said Act attempts to delegate legislative authority to an administrative agency without providing any yardstick for the exercise of its authority contrary to the due process clause of the 14th Amendment to the Constitution of the United States and/of the due process of law clause of Article 2, Section 16 of the Constitution of the State of Michigan of 1908.'

Defendant also urges that the act in question is unconstitutional for the further reason that the act is a denial of equal protection of the law as guaranteed under the 14th Amendment of the Constitution of the United States and article 5, § 30, of the Constitution of the State of Michigan of 1908 which prohibits special legislation.

Defendant testified:

'We design houses and buildings of all kinds. We also have a construction business, but do very little modernization. We design or construct other than residential buildings. I sell plans and specifications all over the United States through the National Home Plan Bureau, of which I am the owner, through the newspapers in different cities all over the country, such as Cleveland, Denver, and so on, and we had them in the Free Press here for around five years, in fact. I draw some of the plans and some of the students draw them under my supervision. The specifications are prepared by me, or by someone under my supervision and control.'

It clearly appears that the legislative intent in enacting the act was to safeguard life, health, and property, when it restricts to qualified persons, both as to education and experience, the designing and construction of a building. Section 2 of the act, C.L.1948, § 338.552 Comp.Laws Supp.1954, § 338.552, Stat.Ann.1953 Cum.Supp. § 18.84(2) reads in part as follows:

'The term 'architect' as used in this act shall mean a person who, by reason of his knowledge of mathematics, the physical sciences, and the principles of architectural design, acquired by professional education and practical experience is qualified to engage in architectural practice as hereinafter defined.

'The practice of architecture within the meaning and intent of this act includes any professional service such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction, alteration or repair in connection with any public or private structures, buildings, equipment, works or projects wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of the principles of architecture or architectural design. No registered architect shall be engaged or interested in the sale of building materials or have any interest in any project or structure, prejudicial to his professional interest therein, excepting such projects and structures as are not required by this act to be designed by a registered architect.'

The act also defines professional engineer and land surveyor. Section 12 of the act, C.L.1948, § 338.562, Stat.Ann.1953 Cum.Supp. § 18.84(12) states the qualifications that applicants must have before taking the examination. In part it reads as follows:

'An applicant for examination for registration must be a citizen of this state except as provided in section 20; must be of good moral character and over 21 years of age; must, except as provided hereafter in this section, have had not less than 8 years of practical experience in architectural or engineering work, or land surveying, under the direction or supervision of a registered architect or a registered engineer or a registered land surveyor, or of an architect or engineer or surveyor of equivalent professional standing, or must be a graduate in architecture or engineering of a college or school acceptable to the board, and have had not less than 4 years of experience of a nature satisfactory to the board.'

Section 14 of the act, C.L.1948, § 338.564, Stat.Ann.1953 Cum.Supp. § 18.84(14) provides in part as follows:

'* * * Examinations shall be given for the purpose of determining the qualifications of applicants for registration separately in architecture, in professional engineering, and in land surveying.'

Section 15 of the act, C.L.1948, § 338.565, Stat.Ann.1953 Cum.Supp. § 18.84(15) provides for a certificate of registration for applicants who, in the opinion of the board, have satisfactorily met the requirements of the act:

'The board shall issue a certificate of registration upon payment of registration fees as provided for in this act, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this act. In case of a...