In Re Raleigh
Opinion
Lead Opinion
Richards, J.
This is an application for a writ of habeas corpus wherein the petitioner seeks to test the validity of the act of the legislature approved June 1, 1917 (Stats. 1917, p. 1579), entitled “An act to define real estate brokers, agents, salesmen, solicitors; to provide for the regulation, supervision, and licensing thereof; to create the office of real estate commissioner and making an appropriation therefor. ’ ’ The act in question makes it unlawful for any person, copartnership, or corporation to engage in the business or act in the capacity of a real estate broker or real estate salesman within this state without first obtaining a license therefor. It proceeds to define who are to be considered such brokers or salesmen within the meaning of the act. These definitions are followed by the proviso that the act shall not apply to certain designated classes of persons, copartnerships, or corporations performing any of the acts enumerated' in the aforesaid definitions of brokers or salesmen. The act proceeds to create a state real estate commissioner’s department, the chief officer of which shall be a commissioner appointed by the Governor, who shall hold office at his pleasure, with his…