Maryland State Funeral Directors Ass'n v. State Board of Undertakers

Bond, C. J., delivered the opinion of the Court. The appellants here appeal from the dismissal of their petition for a writ of mandamus to compel the State Board of Undertakers to revoke licenses issued to John W. Ritz to engage in undertaking and embalming, on the ground that Ritz lacked the qualifications Required by law for such licenses. By the Act of 1924, ch. 275, now sections 296 to 301 of ²⁹⁶ article 43 of the Code of Public General Laws, persons who were at the time of the passage of the act carrying on the business of undertaking and the profession of embalming were required to take out licenses, one each year for undertaking, and one permanent license for embalming; and persons who did not, or could not, then take out licenses by virtue of being already in the business or profession, were required to take qualifying examinations for licenses. The board was given power to revoke any license on proper cause and after full hearing of all parties in interest.

Ritz was licensed by the board without examination, because, as appears from testimony of members of the board, they knew, of their own personal knowledge, and from statements of others, that he had done the work of undertaking and embalming as an assistant, and to some extent independently, although his regular business was that of providing; hacks or automobiles for funerals, and because they knew that he was qualified for the work by experience. This they considered sufficient qualification under - .the act. The appellants filed with the board a protest and request for revocation, and this having been refused, applied for the writ of mandamus. Evidence was produced before the court tending to -show that Ritz had, throughout his working life, assisted to some extent in the work of undertaking and embalming, had taken a course of instruction in embalming under an expert at the Johns Hopkins Medical School and embalmed bodies there, and during the influenza epidemic some years back had entire charge of twenty-five or thirty funerals.

The trial judge concluded that the decision of the board was one rendered in good faith in the exercise of the discretion entrusted to it, and, being such, could not be reviewed or interfered with by the court. But the appellants contend that the board obviously mistook the meaning of “persons now carrying on the business,” and “engaged in the profession,” used in the statute, and, by so doing, measured the qualifications of Ritz for licenses