State Board of Health v. Willman

• Decision Date: 15 January 1932
• Citation: 241 Ky. 835
• Parties: State Board of Health et al. v. Willman.
• Court: United States State Supreme Court — District of Kentucky

241 Ky. 835

State Board of Health et al. v. Willman.

Court of Appeals of Kentucky. Chancery Branch, First Division.

Decided January 15, 1932.

1. Statutes. — Title of act may be broader than necessary if it relates to only one subject, but it must be fairly expressive of context of act (Constitution, sec. 51).

Constitution, sec. 51, provides that no law enacted by the General Assembly shall relate to more than one subject, and that shall be expressed in the title.

2. Statutes. — Where title of act is restrictive, matters not part of or properly connected therewith cannot be incorporated into act (Const., sec. 51).

3. Statutes. — Section of Plumbing Act conferring upon state board of health power to adopt Plumbing Code held void because wholly foreign to title (Acts 1930, c. 167; Constitution, sec. 51).

4. Statutes. — Section of Plumbing Act prohibiting use of unsafe and defective material in work of plumbing and drainage held void because wholly foreign to title (Acts 1930, c. 167; Constitution, sec. 51).

5. Statutes. — Invalidity of sections of Plumbing Act conferring upon state board of health power to adopt Plumbing Code and prohibiting use of unsafe and defective material in plumbing or drainage held not to render entire act invalid (Acts 1930, c. 167; Constitution, sec. 51).

6. Statutes. — Where act contains subject foreign to title, it will be omitted and remainder held valid, if foreign subject is so distinct that its omission cannot affect valid portion (Constitution, sec. 51).

Appeal from Jefferson Circuit Court.

J.W. CAMMACK, Attorney General, SAMUEL B. KIRBY, JR., Assistant Attorney General, and WM. M. DUFFY for appellants.

W.G. DEARING for appellee.

OPINION OF THE COURT BY JUDGE REES.

Affirming.

This action was brought to test the validity of chapter 167 of the Acts of the General Assembly of 1930. The sole question presented for determination is whether or not the act violates section 51 of the Constitution, which reads in part: "No law enacted by the General Assembly shall relate to more than one subject and that shall be expressed in the title." The lower court adjudged that the subject-matter in sections 3 and 4 of the act is not covered by the title of the act, and that those sections are invalid.

The title of the act reads:

"An Act defining Plumbing, Master Plumber and Journeyman Plumber in counties containing cities of the first and second class of the Commonwealth of Kentucky, providing for examinations and issuing certificates to qualified Registered Master Plumbers and Registered Journeyman Plumbers and placing same under the jurisdiction of the State Board of Health of Kentucky, prescribing its powers and duties in relation to this Act and providing penalties for violation of the provisions of this Act."

The act is divided into thirteen sections. Section 1 defines plumbing, master plumber, and journeyman plumber. Section 2 places the enforcement of its provisions in the state board of health, and grants to that body the right to issue and revoke certificates and to conduct examinations. Section 3 reads: "The State Board of Health of Kentucky for the purpose of carrying out the provisions of this Act, shall establish, adopt, promulgate and put into effect a code regulating the installation of plumbing, house drainage and sewerage and sewage disposal, using as a minimum the basic principles adopted by the sub-committee on plumbing of the Building Code Committee of the United States, Department of Commerce, as shown in the final report of said Committee under date of July 3rd, 1923, with such additions as local, climatic and other conditions may require, and also to fix reasonable fees for the purpose of carrying into effect the provisions of this Act." Section 4 reads: "Materials — Kind That May Be Used. — The use of all unsafe and defective material in the work of plumbing and drainage is prohibited. Only...