(Download) "State v. Stark" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Stark
- Author : Supreme Court of Montana
- Release Date : January 06, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Statutes ? Constitutional Law ? Plumbers License Act ? Validity of Act ? Delegation of Legislative Power ? Review of Orders of Board of Examiners by Courts ? Mandamus ? Cities and Towns ? Powers. Statutes and Statutory Construction ? Constitutional Law ? Rules Governing Courts. 1. On attack of a statute on the ground of unconstitutionality its validity should be upheld by the courts if it is possible to do so; prima facie its validity is to be presumed and all doubts resolved in its favor; its invalidity must be shown beyond a reasonable doubt and a violation of the Constitution must appear clear and palpable. Cities and Towns ? Creature of Statute ? Legislature may Prescribe Powers and Privileges. 2. In its governmental capacity a city is a political subdivision of the state; it is a creature of statute, and, in the absence of constitutional - Page 366 limitations, the legislature may prescribe for it such powers and privileges as it deems best; it is vested with legislative powers. Same ? Mode of Exercising Power Conferred upon Municipalities. 3. Where a power is conferred upon a municipal corporation and the mode in which it is to be exercised is prescribed, such mode must be followed; if not prescribed, the power is to be exercised in such manner as the municipal officials shall determine upon. Constitutional Law ? Delegation of Power by Legislature to Board or Officer ? What Proper. 4. While legislative power cannot be delegated to any other body or authority, the legislature may delegate any power, not legislative, which it may itself rightfully exercise, and it may, therefore, delegate to a board or commission administrative functions in carrying out the purpose of a statute and various governmental powers for the more efficient administration of the law, but in doing so it must fix some standard by which the officer or board may be governed and not left to be controlled by caprice. Same ? Delegation of Power to Board or Officer ? Presumption. 5. Where an Act is attacked on the constitutional ground that it delegates legislative power to a board, it is not to be presumed that the power conferred will be exercised in an unreasonable, unfair or arbitrary manner. Statutes ? Constitutional Law ? Regulation of Business of Plumbing ? Act Held not Vulnerable to Contention That It Delegates Legislative Power. 6. Under the above rules, held, that Chapter 54, Part IV (secs. 5183-5193), Revised Codes 1921, relating to the municipal regulation of the business of plumbing, attacked as unconstitutional on the ground that it delegates legislative power to the examining boards of municipalities, is not vulnerable to the contention that it is so lacking in detail as to how examinations of applicants for plumbing licenses shall be conducted by the board of examiners, the nature of the examination, etc., as to amount to a conferring of arbitrary or capricious power upon the board. Same ? Regulation of Business of Plumbing ? Aggrieved Applicant for License Entitled to Review of Action of Examining Board by Courts. 7. Though the above Act does not provide for a review by the courts of the decisions of the board of examiners entrusted with the administration of its provisions, an aggrieved applicant for a license thereunder may, if the boards action is arbitrary or capricious, by mandamus or other appropriate proceeding have the matter reviewed by the courts.