Ex Parte McManus

I concur in the opinion of Justice Lorigan. I think, however, that it does not sufficiently state the reasons for the proposition that the law does not delegate legislative power to the state board of architecture. If the statute gave power to the board to determine the qualifications necessary to entitle a person to become a certificated architect, it would be a delegation of legislative power. It does not do this, however. The statute does not expressly prescribe any standard of qualification in the applicant. It must be construed as at least an implied declaration that no person shall be entitled to a certificate as a licensed architect, unless he has such ordinary knowledge of the principles and science of that art or profession, and such ordinary skill in the practical application of those principles and that science, as are usually possessed by those engaged therein. It is the usual standard implied in law, where no different standard is expressed by the statute. Doubtless the statute might require a higher standard, or a lower standard, but inasmuch as it does not expressly require any, it is to be considered as implying a requirement of the standard above stated. The…

The petitioner was arrested, charged with practicing the profession of architecture without a certificate from the state board of architecture, and brings this proceeding on habeas corpus.

The state board of architecture was created by an act of the legislature approved March 23, 1901 (Stats. 1901, p. 641). The act was amended in 1903 (Stats. 1903, p. 522), but as this amendment does not affect the question here involved, no further reference shall be made to it.

The act of 1901 provides that the state board of architecture shall consist of ten persons, appointed by the governor—five from the San Francisco chapter, and five from the Southern California chapter, of the American Institute of Architects, or some similar institution or association of architects, and empowers such board to grant certificates to practice the profession of architecture upon an examination of applicants therefor. —As to such examination, the act provides that the board shall “formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture in this state; and such other rules and regulations as may be necessary and proper,…