Matter of Application of Prentice

Petitioner was convicted of the crime of conducting a business as master plumber in the city of Stockton without first having obtained a license therefor from the tax-collector of said city, in violation of the provisions of ordinance numbered 516 of said city.

It is claimed that said ordinance is unconstitutional and void because in conflict with the act of March 3, 1885 (Stats. 1885, p. 12), as amended by act of March 9, 1887 (Stats. 1887, p. 58), an act entitled “An act to grant to boards of health or health officers, in cities, and cities and counties, the power to regulate the plumbing and drainage of buildings and to provide for the regulation of plumbers. ’ ’

Sections 42, 43 and 44 of the ordinance in question provide that “no person, firm or corporation shall in the city of Stockton engage in or work at the business of plumbing as a master-plumber unless such person . . . shall have first obtained a license therefor from the city clerk and license-collector ... as hereinafter provided.” (See. 41.) The application for license must be accompanied by an affidavit showing “the name, age and place of business of said applicant and also stating the number of years during which…