Licensing of Engineers Declared Unconstitutional-in Pennsylvania

JUDGE Samuel E. Schull, in the Court of Quarter Sessions of Monroe County, Pa., handed down a decision on July 2, declaring the Pennsylvania law for the Licensing of Professional Engineers and Land Surveyors to be in violation of the Constitution of the State of Pennsylvania and also of the 14th amendment of the Constitution of the United States. The case was that of George E. Stevenson, who was arrested in June, 1922, charged with the practice of the profession of land surveying without first obtaining a state license. Mr. Stevenson had had forty years of practical experience as an engineer and land surveyor, and as set forth in the findings "had attained unusual skill, distinction and reputation in his said profession, and, on said date and for a considerable period thereto-fore and down to the present time, was and is President of the Engineer's Society of Northern Pennsylvania." That part of the decision referring to the unconsti-tutionality of the act is quoted in full as follows: This matter now comes on to be heard on argument as to the constitutionality of the said Act of May 25, 1921, P. I. 1131. The defendant urges that the same is unconstitutional: First: Because it is in violation of Article 3, Section 3, of the Constitution of Pennsylvania, which provides: "No bill, except general appropriations bills, shall be passed containing more than one subject which shall be clearly expressed in its title." Second: That the same is discriminatory and, therefore, in violation of the 14th Amendment of the Federal Constitution. In this case, we: are confronted by the Act of Assembly bearing the title "an act to regulate the practice of profession of Engi-neering and Land Surveying; creating a State Board for Regis-tration of Professional Engineers and Land Surveyors; defining its powers and duties, imposing certain duties upon the Common-wealth and Political subdivisions thereof, in connection with public work and providing penalties." We meet in the title of this act, a recognition of the fact that it is the legislative intent to deal with two professions: First: Engineering. Second: Land Surveying.