State v. Briggs
Oregon Supreme Court
From Multnomah : Melvin C. George, Judge. The State appeals from an order arresting judgment after a conviction of H. L. Briggs for conducting a barber school without a license. The ground of the decision of the trial court was that the act establishing a board of barber examiners is unconstitutional.
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From Multnomah : Melvin C. George, Judge. The State appeals from an order arresting judgment after a conviction of H. L. Briggs for conducting a barber school without a license. The ground of the decision of the trial court was that the act establishing a board of barber examiners is unconstitutional. I. The barber act of 1903 is unconstitutional in that the legislature has not therein fixed the qualifications of a barber, but has delegated to a board the power to determine them, a thing that cannot be done under our system of government. The legislature can only delegate the power to…
1Opinion of the CourtJustice Bean
delivered’the opinion of the court.
The defendant was convicted for conducting a barber school in violation of an act of the legislature of 1903 (Laws 1903, p. 27), amendatory of the act of 1899 (Laws 1899, p. 237; B. & C. Comp. §§ 3841-3853), regulating the trade or calling of a barber, and providing for the licensing of persons carrying on such trade. Judgment *369-was arrested upon motion, however, the trial court holding the act in question unconstitutional and void on the ground that it delegates to the board of barber examiners legislative authority, and vests in them power to issue and…
2Cases cited17 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Smith v. AlabamaSupreme Court of the United States · 1888
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- Blue v. BeachIndiana Supreme Court · 1900
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3Cited by29 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Cooper v. RollinsSupreme Court of Georgia · 1922
- Van Winkle v. Fred Meyer, Inc.Oregon Supreme Court · 1935
- Savage v. MartinOregon Supreme Court · 1938
- City of Portland v. WelchOregon Supreme Court · 1936
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