Goodpaster, Director of Ins. v. Foster

Opinion of the Court by

Judge. Tilford

Affirming.

Or the second appeal of this case we are met squarely with the question, whether the Legislature could delegate to the State Auditor, and thereafter to the Division or Director of Insurance, the power to enact, under the guise of a “Standard of Safety,” a law prohibiting the operation of a moving picture theatre in a building, the main floor of which is more than four feet above the adjoining grade level. It becomes necessary to decide this question because, following our direction to the Chancellor to overrule the demurrer to the petition…