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Court of Appeals, in People v. Warden, etc., 144 N. Y. 529; 27 L. R. A., 718, have decided that a statute making it unlawful to do business as an em ploying or master plumber without a certificate of competency obtained from an examining board, and registration with the board of health, and requiring compliance with the regulations of both boards, but NOTES OF CASES. having no application to plumbers who do not em The S1ren- Turntable. — In Walsh v. Fitchburg ploy others, is a constitutional exercise of the police R. Co., 145 N. Y. 301; 27 L. R. A. 724, the New power to protect health. The measure was defended York Court of Appeals adhere to their doctrine, pre as one of health and police by the court. Three of viously indicated, that children ride on railway turn the seven judges, however, dissented, on the ground, tables at their own risk; thus preferring the doctrine as expressed by Peckham, J., that the measure of Illinois, New Hampshire and Massachusetts to that " tends directly to the creation and fostering of a of the United States Supreme Court and of a majority monopoly." So it does, in one sense, and so do of the State courts which have passed upon the ques law schools and medical colleges, but such mono tion. They hold that the owner of the machine does polies are wholesome. A " civil service " plumber not *' entice " adventurous youth to dare its giddy would be a good innovation. The majority opinion round, and that it is very different from the case of answers the argument about monopoly as follows : — spreading tainted meat over traps to allure dogs. "Nor is it a ground of objection that, as the statute wa* The decisions to this effect seem to us an illustration intended to apply only to master or employing plumbers; of what Charles Lamb called " imperfect sympa the inference follows that a monopoly in the business is thies." It is the most natural thing in the world that created or sanctioned. It may or may not have been wiser the small boy should essay a ride on a turntable, and that the legislature should require examinations by and cer it is very easy for the owner (of the turntable) to tificates from the examining boards in the case of every keep it locked, and not at all unreasonable to require person engaged in the business of plumbing; but if the act him to do so. In the principal case, the machine is a step in the direction of something which will inure to was in an unfenced lot, near foot-paths which the the public health and comfort, that it does not go as far as it might is not a reason for invalidating it. I am able to public were permitted to use. With deference we dis how this act may limit the number of master plumbers, sent from the observation of the court, " It was not see and with great wisdom; but I am not able to see how any of the nature of a trap for the unwary." The fre monopoly will necessarily follow. The purpose of the act quency of this class of cases is a standing refutation is in the direction of limiting the business to those persons of that argument. This class of cases is easily dis who will perform the work, presumably, with some regard tinguishable from those which hold that an owner of to the public health and comfort, and it would be a misuse land is not bound to fence a pond or a dangerous ex of language to speak of such provisions as creating, or even cavation thereon, as against an infant intruder, whom tending to create, a monopoly. As well might it be said he does not invite, attract or suffer thereon. This is that to compel physicians or druggists to take out licenses just now held by the Supreme Court of Nebraska, in is a provision giving a monopoly of the particular business Richards v. Connell, citing in support of it, Har- to those who become licensed. If the measure is not so obvious a precaution in the case of plumbers as in that of greaves v. Deacon. 25 Mich, r : Klix v. Meinan, 68 physicians or of druggists, is that a reason for condemning Wis. 271; 60 Am. Rep. 854; Clark v. Manchester, it, if it may reasonably be considered as some precaution? 62 N. H. 578: Overholt v. Vieths, 93 Mo. 422; I think not, and I think the measure, as one relating to the Gillespie v. McGowan, 100 Pa. St. 144; 45 Am. general health of cities, is evident, and intended to be so, Rep. 365; Pierce v. Whitcomb, 48 Vt. 127; 21 from the provisions of the act, which require the board of Am. Rep. 120; McEachern v. Railroad Co., 150 examiners to contain the chief examiner of the city sewers Mass. 515; Gay v. Railway Co., 159 Mass. 238; and the chief inspector of plumbing of the board of health; 38 Am. St. Rep. 415; Reck v. Carter, 68 N. Y. which require not only registration with the board of health, but that the business shall be conducted under 283; 23 Am. Rep. 17;. And there is also a mani and regulations prescribed by that board; and which fest distinction between this class of cases and that rules authorize that body to cancel registrations for violations of of young children straying on a railway track. See rules and regulations for the plumbing and drainage of the Gunn v. Ohio R. R. Co., 36 W. V. 165; 32 Am. St. city." Rep. 842, and cases there cited. There is no trade in which so much deleterious and impudent robbery is transacted as in plumbing, The Unspeakable Plumber. — The plumber at and any attempt to regulate and restrain it should be all events is one who sets traps for the unwary, and fostered. The plumber's sins, like the doctor's mis he ought to be regulated; and so the New York takes, are " out of sight."
ing an abstract of all the American decisions for the century, taken from forty-six hundred volumes, and numbering half a million! Brethren, there is time to fly! The ferry facilities from Buffalo to Canada are ample. Let us escape from this hellno libroruml
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