Licensure

“ No person, unless excepted under Rule XIX, shall be admitted into the classified civil service from any place not within said service without an examination and certification under the rules, with this exception, that any person who shall have been an officer for one year or more last preceding in any Department or office in a grade above the classified service thereof may be transferred or appointed to any place in the service of the same without examination. ”

“ Now, as a profane cannot be admitted an Entered Apprentice, or in other words, a member of an Entered Apprentices' lodge, unless after one month's notice, so it follows that an Apprentice cannot be admitted a member of a Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like probation. For the words of the regulation which apply to one, will equally apply to the others. And hence we derive the law, that a month at least must always intervene between the reception of one degree and the advancement to another. ”

“ Any person who shall carry on any wholesale or retail trade or business without a Licence, or who shall allow Licensed premises to be in a condition which would disentitle him to a Licence, shall be deemed to have contravened this Act, and shall be liable to a penalty not exceeding twenty pounds sterling for each offence, to be recovered in the Court of the Magistrate by the Clerk of the Peace, or if the contravention is within a Borough or Township, by an officer appointed by the Town Council or Town Board. ”

“ A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any qualification must have a rational connection with the applicant's fitness or capacity to practice law. ”

“ As one means to this end it has been the practice of different States, from time immemorial, to exact in many pursuits a certain degree of skill and learning upon which the community may confidently rely, their possession being generally ascertained upon an examination of parties by competent persons, or inferred from a certificate to them in the form of a diploma or license from an institution established for instruction on the subjects, scientific and otherwise, with which such pursuits have to deal. ”

“ The old charges, published in the original Book of Constitutions in 1723, contain the following regulation:
"No Master should take an Apprentice, unless he be a perfect youth having no maim or defect that may render him uncapable of learning the art." ”

“ The licence to the Central Association is positive, as [Pg 55] prescribing that, under careful and kindly shepherding and supervision, a man shall actually work where work is found for him, and shall remain at work under the penalty of report for failing to observe the conditions of licence. ”

“ If the visitors think the course of study and examination of any licensing body is not sufficient to ensure that candidates obtaining its qualification possess the requisite knowledge and skill for the efficient practice of their profession the Council, on a report being made, may represent the same to the Privy Council. ”

“ Will any one say that a person who has reached his majority, and who had voluntarily agreed, for a valuable consideration, to serve another as an apprentice for an indefinite period, or even for a given number of years, can be compelled, against his will, to remain in the service of the master? ”

“ The Master, Wardens and Assistants, or the greater part of them, whereof the Master and one of the Wardens are always to be two, have power to make and alter, amend or make new, “reasonable laws and constitutions touching the Trade, Art, or Mistery, and for punishment and reformation of abuses, wrongful practices and misdemeaners, and for defraying the charges of maintaining and continuing the Corporation, and after what order they shall demean themselves in their office mistery and work.” ”

“ The nature and extent of the qualifications required must depend primarily upon the judgment of the state as to their necessity. If they are appropriate to the calling or profession, and attainable by reasonable study or application, no objection to their validity can be raised because of their stringency or difficulty. It is only when they have no relation to such calling or profession, or are unattainable by such reasonable study and application, that they can operate to deprive one of his right to pursue a lawful vocation. ”

“ No recommendation for the promotion of any employee in the classified service shall be considered by any officer concerned in making promotions except it be made by the officer or officers under whose supervision or control such employee is serving; and such recommendation by any other person with the knowledge and consent of the employee shall be sufficient cause for debarring him from the promotion proposed, and a repetition of the offense shall be sufficient cause for removing him from the service. ”

“ You will not suffer us to enter the learned professions nor the Service; you will not encourage us to be architects, attorneys, land-agents, or engineers. We know and we feel that there is not one of these callings either above our capacity or unsuited to our habits, but you deny us admittance; and now we ask, What is your scheme for our employment? what project have you that may point out to us a future of independence and a station of respect? ”

“ An institution of this kind will help to maintain your noble profession in a thoroughly healthy condition. The courts as the final authority in matters of discipline may do much, but I am persuaded that you, Lawyers, must feel yourselves to be members of a society having its own sanctions, before you will in any true sense be members of a profession. Workers in one branch of activity must thus be linked together or society must suffer. ”

“ These contracts for apprentices are made before a magistrate, who regulates the agreement according to reason and justice; and having in view the formation of a future useful citizen, obliges the matter to engage by a written indenture, not only that, during the time of service stipulated, the apprentice shall be duly provided with meat, drink, apparel, washing, and lodging, and at its expiration with a complete new suit of clothes, but also that he shall be taught to read, write, and cast accounts ”

“ All examinations for professional or technical positions or positions which under existing executive practice are filled only by persons having professional or technical training shall be formulated by the Civil Service Commission in collaboration with the head of the affected department, independent establishment, or corporation, or his designated representative, and shall make due allowance for the particular training, experience, and skill regarded as requisite under existing administrative practice. ”

“ When a demand for license is made you should at once call upon the mayor of the town or city, or, if you are at work in the country, upon the sheriff or other proper officer, and call his attention to these decisions of the Supreme Court, and ask protection under them. ”

“ On this false foundation, we find them hurrying through all the degrees of the Order, without adverting to the propriety of one step they pursue, or possessing a single qualification requisite for advancement. Passing through the usual formalities, they consider themselves entitled to rank as masters of the art, solicit and accept offices, and assume the government of the lodge, equally unacquainted with the rules of the institution they pretend to support, or the nature of the trust they engage to perform. ”

“ And whereas it has been insisted, That by the last Clause of the Statute, it is said, That none shall practise in the Country without a licence from the President and three Elects, unless he be a Graduate of one of the Universities, it was said all the inference from that would be, That possibly two Licences may be necessary where a person is not a Graduate. ”

“ A competent number of instructors, teachers, assistants, and other necessary agents, shall be selected, and when needful, their places from time to time supplied. They shall receive adequate compensation for their services; but no person shall be employed who shall not be of tried skill in his or her proper department, of established moral character, and in all cases persons shall be chosen on account of their merit, and not through favor or intrigue. ”

“ Every licensed master, mate, pilot, or engineer who shall change, {152} by addition, interpolation, or erasure of any kind, any certificate or license issued by any inspector or inspectors referred to in this title shall, for every such offense, upon conviction, be punished by a fine of not more than five hundred dollars or by imprisonment at hard labor for a term not exceeding three years. ”

“ To have served an apprenticeship in the town, under a master properly qualified, is commonly the necessary requisite for obtaining this freedom. The bylaws of the corporation regulate sometimes the number of apprentices which any master is allowed to have, and almost always the number of years which each apprentice is obliged to serve. ”

“ The master of a store, or shop, has a right to control all who work in his employ. The teacher of a school has a right to command his scholars in all matters pertaining to his school. The master and mistress of a family, too, have a right to control their children, and also all those persons whom they hire to do their work, in all matters relating to this work. ”

“ Every master, chief mate, engineer, and pilot, who receives a license, shall, before entering upon his duties, make oath before one of the inspectors herein provided for, to be recorded with the certificate, that he will faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him by law. ”

“ The Secretaries of Defense, Labor, and Education, and the Attorney General, shall, in consultation with each other and consistent with applicable law, promote apprenticeships and pre apprenticeships for America's high school students and Job Corps participants, for persons currently or formerly incarcerated, for persons not currently attending high school or an accredited post-secondary educational institution, and for members of America's armed services and veterans. ”

“ Certain described persons and classes of persons are plainly entitled to the benefit of the provision, whether regarded as officers or as mere employees, and it is no valid argument against that proposition to show that there are or may be other employees or persons in the civil service here who are not within that description, as the terms of the enactment are special and do not extend to every employment in that service, but only to the described persons and classes of persons therein mentioned. ”

“ The laws, therefore, of a nation so circumstanced, must increase to such a number, and consist of so great a variety of particulars, as to render it impossible for the generality of the subjects to be masters of them, and will oblige them to resort to those whose easy circumstances and leisure have enabled them thoroughly to comprehend and understand them; and among such a people there must be lawyers, although, perhaps, not formed into a distinct and separate profession, or known by that appellation. ”

“ The condition of a professional man stands upon a narrower footing. To constitute this condition there needs nothing more than a permission given him on the part of the legislator to perform those acts, in the performance of which consists the exercise of his profession: to give or sell his advice or assistance in matters of law or physic: to give or sell his services as employed in the executing or overseeing of a manufacture or piece of work of such or such a kind: to sell a commodity of such or such a sort. ”

“ You are to be particularly careful, that those whom you choose be duly qualified according to law, and that no deceit be practised in obtaining temporary qualifications. You ought to enquire into their estates, and how they came by them; and if they have none, as many who stand candidates, I am told, have not, you may guess who assists them, and what hopeful services are expected from them. ”

“ Let the register give the name, address, and asserted qualification of each candidate—as licentiate, or doctor, or what not, of this or that college, hall, university, &c., home or foreign. Let it be competent to any man to describe himself as qualified by study in public schools without a diploma, or by private study, or even by intuition or divine inspiration, if he please. ”

“ There is a very large number of positions now under the civil service rules, the duties of which are more or less quasi-judicial, such as the examiners in the Patent Office, and many division chiefs and high grade clerks in various departments who have to prepare the decision of cases. ”

“ If the professions do not furnish excellent work, they lose the exclusive right granted to them in the compact. Hence, the examination of candidates for a profession is a matter of common interest. The government, or each profession in the name of the government, must calculate how many persons can live from each profession, and how many are necessary in each to satisfy the needs of the public. ”

“ There must be at the head of it a man of character, of intellectual force, of administrative ability, and all his subordinate officers must be fitted for their special task, exactly as they should be for a hospital, or a military establishment, for a college, or for a school of practical industries. ”