State v. Case

²⁷⁰ Constable, J., delivered the opinion of the Court. ' The appellee, a resident builder of Carroll County, was indicted under Section 184 of Chapter 704 of the Acts of 1916., for carrying on the business of construction without having first taken out a license. He demurred to the indictment which the lower Court sustained, and from the judgment entered, the State appealed. The Act is a lengthy one and we will set out only such portions of it as are applicable for this decision: “AH ACT to repeal and re-enact with amendments . section 59 of Article 56 of the Annotated Code of Maryland, title ‘Licenses,’ sub-title ‘Traders,’ and also sections 108, 109, 110 and 111 of said Article 56, title ‘Licenses,’ sub-title ‘Shows and Theatrical Exhibitions,’ and to add twenty-five additional sections to said Article 56 of the Annotated Code of Maryland, to follow section 163, and to be known as sections 164, 165,- 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187 and 188, said new sections providing for the licensing of detective agencies and agents, moving picture shows and carnivals, garages, cash registers, and adding machines, typewriting machines, commercial, mercantile and mutual protective agencies, intelligence offices and employment agencies, laundries, junk dealers, trading stamp companies, wholesale dealers in farm machinery, soda water fountains, livery stables, bowling saloons, ' storage warehouses, check rooms, cleaning, dyeing and pressing companies, shoeshining parlors and hat cleaning establishments, restaurants or eating places, plumbers and gas fitters, construction firms or companies, non-resident wholesale tobacco dealers and non-resident wholesale liquor dealers. “Section 1. Be it enacted by the General Assembly of Maryland, That section 59 of Article 56 of the Annotated Code of Maryland, title ‘Licenses,’ sub-title ‘Traders,’ and also sections 108, 109, 110 and 111 of said Article 56, title ‘Licenses,’ sub-title ‘Shows and ²⁷¹ Theatrical Exhibitions,’ be and the same are hereby repealed and re-enacted with amendments, and that twenty-five additional sections are hereby added to said Article 56, to follow section 163, and to be known as sections 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 386, 187 and 188, said new sections providing for the licensing of detective agencies and agents, moving picture shows and carnivals, garages, cash registers and adding machines, typewriting machines, commercial, mercantile and mutual protective agencies, intelligence offices and employment agencies, laundries, junk dealers, trading stamp companies, wholesale dealers in farm machinery, soda water fountains, livery stables, bowling saloons, storage warehouses, check rooms, cleaning, dyeing and pressing companies, shoeshining parlor and hat cleaning establishments, restaurants or eating places, plumbers and gas fitters, construction firms or companies, non-resident wholesale tobacco dealers and non-resident wholesale liquor dealers, said amended sections and new sections to read as follows: $$$$$$$$$ “Construction Firms or Companies. “184.

Any person, firm or corporation accepting orders or contracts for doing any work on or in any building or structure, requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, electric wiring or other metal, or any other building material, or who shall accept contracts to do any paving or curbing on sidewalks or streets, public or private property, using asphalt, brick, stone, cement, wood or any composition, or who shall accept an order for or contract to excavate earth, or other material for foundations or any other purpose, or who shall accept an order or contract to construct any sewer of stone, brick, terra-cotta or other material, shall be deemed to be carrying on the business of construction. ²⁷² “Each