State v. Rice

• Citation: 80 A. 1026,115 Md. 317
• Parties: STATE v. RICE.
• Decision Date: 04 April 1911
• Court: Court of Appeals of Maryland

80 A. 1026
115 Md. 317

STATE
v.
RICE.

Court of Appeals of Maryland.

April 4, 1911.

80 A. 1027

Appeal from Circuit Court, Frederick County; Hammond Urner, James B. Henderson, and John C. Motter, Judges.

Marion C. Rice was indicted for carrying on or conducting the business of undertaking in Frederick county without a license, as required by statute. Judgment for defendant, and the State appeals. Affirmed.

Argued before BO I'D, C. J., and BRISCOE, PEARCE, and PATTISON, JJ.

Isaac Lobe Straus, Atty. Gen., for the State.

H. Dorsey Etchison, for appellee.

PATTISON, J. The appellee was indicted in the circuit court for Frederick county under Act 1902, c. 160, as amended by chapter 389, Acts 1904, and as further amended by chapter 496, Acts 3908, charged, in effect, with carrying on or conducting the business of undertaking in Frederick county without having first procured a license as required by the said statute and the amendments thereto. The traverser demurred to the indictment, upon the ground that the act as amended is unconstitutional. The demurrer was sustained, and judgment for the traverser was entered thereon. It is from that judgment of the lower court that this appeal is taken.

Chapter 160, Acts 1902, consists of 14 sections. The first section provides for the creation of a board to consist of seven members, and to be known as the "State Board of Undertakers of Maryland." The second section states the required qualifications of its members, the manner and method of their appointment, the filling of vacancies, and the tenure of office. Section 3 prescribes the oath to be taken by the members of the board. Sections 4 and 5 relate to the organization of the board and the appointment of secretary. Section 6 regulates the times of

80 A. 1028

meeting, and states the number necessary to constitute a quorum. Section 7 requires all persons, firms, and corporations, and their assistants and employes, as therein provided, engaged in the business of undertaking at the time of the passage of the act, to register with said board on or before the 1st day of July following. Section 8 provides that before any person, copartnership, or corporation should, after the passage of the act, engage in the business of undertaking, and before any member of any such copartnership, assistant, or employs of any such person, copartnership or corporation, or officer of such corporation whose duties would engage him or her in the care, preparation, disposition, or burial of the dead, should discharge the duties of such business employment or office, and, before any of those named in the preceding section (section seven) who were engaged in the said business or employment at the time of the passage of the act, and who failed to register within the time named in the last preceding section, should continue in said business, they should apply to the board of undertakers for a license to practice such business and employment, and should the board find, upon examination, that the applicant is of good moral character, possessed of skill and knowledge of such business, and has a reasonable knowledge of sanitation, preservation of the dead, disinfecting the bodies of deceased persons, apartments, clothing, and bedding, in case of death resulting from infectious or contagious diseases, the board should issue to said applicant, upon the payment of a fee of $20, a license to practice the business of undertaking. It also provided that licenses should issue to corporations when applied for, and that one license should suffice for all the members of a copartnership when issued in the firm name. Section 9 provides for the revocation of licenses. Under section 10 all certificates issued under section 7 and all licenses issued under section 8 expired on the 30th day of April next ensuing the date of their issue, and thereafter before any person, copartnership, or corporation then engaged in the business of undertaking, or before any of the assistants, employes, or officers previously designated should continue in such business or employment, application should be made to the board for a license to carry on such business or to engage in the practice thereof, and, upon the payment of a fee of $5, a license similar to the one issued under section 8 should be issued by said board to such applicant Section 11 provides that all violations of the act are misdemeanors, and provides penalties therefor. Section 12 states the licenses to be nontransferable. Section 13 provides where the fees and fines shall go, and the purposes for which they shall be used. Section 14 requires the board to report annually to the Governor of the state, stating what the same shall contain and what disposition shall be made of any funds left in their hands, and in conclusion provides that the act shall apply only to Baltimore city.

Chapter 389, Acts 1904, repealed and re-enacted only sections 1, 8, and 9 of chapter 160, Acts 1902. Section 1 was amended to the extent of increasing the membership of said board from 7 to 8. The amendment to section 8 requires that the board of examiners shall upon examination find in addition to...