State Board of Barber Examiners of Texas v. Comer, 3605.
| Decision Date | 28 October 1937 |
| Docket Number | No. 3605.,3605. |
| Citation | 109 S.W.2d 1012 |
| Parties | STATE BOARD OF BARBER EXAMINERS OF TEXAS v. COMER. |
| Court | Texas Court of Appeals |
Appeal from Delta County Court; Tom Rountree, Judge.
Suit by C. H. Comer against the State Board of Barber Examiners of Texas. From an order granting a temporary injunction, defendants appeal.
Reversed, and cause dismissed.
Wm. McCraw, Atty. Gen., of Texas, and Sam Lane and Joe J. Alsup, Asst. Attys. Gen., for appellants.
S. W. Pratt, of Commerce, and E. G. Pharr, of Cooper, for appellee.
Appellee brought suit in the county court of Delta county to restrain the State Board of Barber Examiners, its members and its secretary from holding a certain meeting or meetings and from attempting to suspend or revoke appellee's license as a barber. He alleges that he had been a barber for a number of years, was duly licensed, at all times complied with the law, had for 30 years kept a sanitary shop, and had built up a trade as a barber from which he maintained himself and his family, and without authority to practice his profession he would be unable to support himself and his family; that on October 29, 1936, he received a letter from said board ordering him to appear before said board at the office of the justice of the peace in Commerce, Tex., and there show cause why his certificate of registration to practice "barbering" should not be suspended or revoked for violation of subdivision (b), section 21, of the Texas Barber Law (Vernon's Ann.P.C. art. 734a, § 21, subd. (b). The specific charge made was in the following language: "You failed to wash your hands before serving a customer, failed to sterilize your instruments before serving a customer, and used a towel that had not been boiled or laundered since last used in rendering barber services."
The notice also gave the names of those who made the complaint.
Appellee alleged that he did not know the complaining witnesses, and contended that the board was without authority to revoke his permit and that the charges were insufficient as charges of a violation of the act; that the act was unconstitutional; that said letter caused him to lose business, damaging him to the extent of $300, and that unless defendants were restrained he would suffer irreparable loss and injury, to his damage in the sum of $300, and that he was without adequate remedy at law.
The court granted a temporary injunction, and from this order appellants appeal.
Opinion.The act is constitutional. The regulation of barbershops and the practice of "barbering" are valid subjects for the exercise of the state's police power in safeguarding the health of the community.
Appellants...
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