xt7vhh6c5j9q https://nyx.uky.edu/dips/xt7vhh6c5j9q/data/mets.xml North Carolina Historical Records Survey of North Carolina 1941 Prepared by the North Carolina Historical Records Survey, Division of Community Service Programs, Work Projects Administration; Other contributors include: United States Work Projects Administration Division of Community Service Programs, North Carolina Historical Commission; v, 123 leaves, 28 cm; Typescript (photocopy); Included bibliographical references and index; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number FW 4.14:N 81c/ser.4/no.5-no.27 books English Raleigh, North Carolina: The Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. North Carolina Works Progress Administration Publications Inventory of the State Archives of North Carolina, Regulatory Agencies, Series IV, Numbers 5 through 27 Licensing Boards text Inventory of the State Archives of North Carolina, Regulatory Agencies, Series IV, Numbers 5 through 27 Licensing Boards 1941 2015 true xt7vhh6c5j9q section xt7vhh6c5j9q . l FEDERAL WORKS AGENCY
s1·A·rE er=r=1cE
212-218 Carolina Office Building
536 S, Salisbury Street
July 50th, 1941
;.ir. William L. Rradsher
School of Business and Public Administration
Department of Political Science
University of Iiissouri
Columbia, Mo,
Dear Efr. Bradsher:
· _ The Historical Records Survey Project of the
‘ North Carolina Work Projects Administration is happy to
I present you with the enclosed mimeegraphed volume:
I Inventory of the State Archives of North
V Carolina, Series IV, Regulatory Agencies, _
Ness 5-27, Licensing Boards.
I No formal acknowledgement of receipt is ro-
· quested, but any comments you care to make concerning
g the volume should be addressed to Mr. C. C, McGinnis,
° Staté Administrator, Work Projects Administration,
_ Raleigh, N. C.
I Sincerely, ,
Mrs. May E• Campbell
State Director
i 4 Division of Community Service Programs
, Colbert F. Crutchfield
5 State Supervisor
g N. C, Historical Records Survey
`I enclosure

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2 E ` , { ‘ MES MEQBBUE q Inventory o? the Strte 1
Q % Archives of North Carolina \
V Series 1V
Regulatory Agencies I `
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. Nos.   \
Licensing Boards
North Carolina Historical -
Records Survey Project
Division of Com unity
V Service Programs
. _ Work Projects Administration
Raleigh, N, C,
May 1941 i
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l _ _ C. C. McGl
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Noss.5·27 _
— Prepared By
The North Carolina Historical Records Survey Project
Division of Com unity Service Programs
Work Projects Administration ,
s * * * * * *
Raleigh, North Carolina
The North Carolina Historical Records Survey Project
May 194].
.i.._, * //

 Q €
Ag Historical Records Survey Projects
5 Sargent B. Child, Director
I Milton W. Blanton, Regional Supervisor
i; Colbert F. Crutchfield, State Supervisor
i Division of Community Service Programs
Florence Kerr, Assistant Commissioner
; Blanche M. Ralston, Chief Regional Supervisor
I May E. Campbell, State Director
‘; Howard O. Hunter, Com issioner
R. L. McDougall, Regional Director
C. C. McGinnis, State Administrator
l ? Sponsored by the North Carolina Historical Commission I
ily V M. C. S. Noble, Chairman
4f C. C. Crittenden, Secretary

 F 0 R E W O R D
The Inventory_g£_th2 State Archives_2f North Carolina is one
of a number of guides to historical materials prepared throughout
the United States by workers on the Historical Records Survey of
the Work Projects Administration. Each state department, institu-
tion, or other agency will be represented by a separate section of
the inventory; the sections for functionally related agencies will
be grouped in series.,
The Historical Records Survey program was undertaken in the
winter of 1935-36 for the purpose of providing useful employment to
needy unemployed historians, lawyers, teachers, and research and
clerical workers. In carrying out this objective, the project was
organized to compile inventories of historical materials, parti-
cularly the unpublished goverm ent documents and records which are
basic in the administration of local government, and which provide
invaluable data for students of political, economic, and social
history. Up to the present time approximately 1,500 Survey publio:~
tions have been issued throughout the country. The archival guide
herewith presented is intended to meot the requirements of day-to~
day administration by the officials of the State, and also the needs
of lawyers, businessmen, and other citizens who require facts from
the public records for the proper conduct of their affairs. The
V volume is so designed that it can be used by the historian in his
research in unprinted sources in the same way he uses the library
card catalog for printed sources.
The inventories produced by the Historical Records Survey pro-
gram attempt to do more than merely give a list of records--they
attempt to sketch in the historical background and to describe
precisely and in detail the organization and functions of the agen-
cies whose records they list. The inventories for the entire
country will, when completed, constitute an encyclopedia of state
and local government as well as a bibliography of state and local
The successful conclusion of the work of thc Historical Records
Survey, even in a single agency, would not be possible without the
support of public officials, historical and legal specialists, and
many other groups in tho community. Their oo—operation is gratefully
_ acknowledged.
The Survey program was organized by Luther H. Evans, who served
as Director until March 1, 1940, when he was succeeded by Sargent
B. Child. The Survey operates as a.hation-wide series of locally
sponsored projects in the Division of Community Service Programs,
of which Mrs. Florence Kerr, Assistant Commissioner, is in charge.
.,   y

The Historical Records Survey was created in the winter of
1955-56 as a nation~wide`Norks Progress Administration project for the
"diecovery, preservation and listing of basic materials for research
in the history of the United States."l Under the direction of Dr.
Luther H. Evans, the Survey undertook an extensive program for the
inventory of state and local archives, early American imprints, church
archives, and collections of manuscripts. Pursuant to the provisions
of the Emergency Relief Act passed Juno 50, 1959, the existence of
the Survey as a single nation-wide project sponsored by WPA itself
was terminated August 51, 1959; and the work of the Survey was con-
tinued within the individual States by locally sponsored projects
operating within the national WPA Historical Records Survey which
continued under the direction of Dr. Evans until his resignation and
the subsequent appointment of Sargent B. Child as national director
on March 1, 1940. ·
The North Carolina Project of the Federal Historical Records Sur-
vey was established February 1, 1956, with Dr. C. C. Crittenden,
Secretary of the North Carolina Historical Commission, as director.
Until November 1956 the Survey operated as an autonomous unit of the
Federal Writers' Project, directed in North Carolina by Edwin Bjorkman.
Dr. Crittenden resigned as State Director June 50, 1957, and was suc-
ceeded by Dan Lacy, who had previously served as Assistant State
Director. The work of the North Carolina unit of the Historical
Records Survey was continued by the North Carolina Historical Records
Survey Project established September 1, 1959, and sponsored by the
North Carolina Historical Commission. Mr. Lacy resigned as State
Supervisor on April 2, 1940, to accept an appointment as Assistant to
the Director of Historical Records Survey Projects in Washington, D. C.,
and was succeeded by the present State Supervisor.
The present inventory of the records of the Licensing Boards is
a section of the Inventory of the State Archives_o£ North Carolina
being prepared by the North—UaYElina Historical Records Survey Project.
Because of a shnilarity of functionsand organization and as each
inventory occupies so little space, the 25 licensing boards have been
included in one volume, a departure from the general policy of the
Survey, which has been to devote one volume to oach department or
agency. Preceding the licensing boards in Series IV, Regulatory Agon-
cies, are: No. 1, Utilities Com ission, No. 2, Banking Commission,
No. 5, Insurance Commission, and No. 4, Alcoholic Beverages Control
Board. Consequently, the agencies in this volume begin with No. 5,
Board of Medical Examiners, and continue through No. 27, Board of
Examiners of Electrical Contractors. Although the inventory for each
board constitutes a separate unit, entries for records have been num»
bered consecutively throughout the volume in order to facilitate
indexing. The boards have been arranged in chronological order by
date of creation.
1. Works Progress Administration, Qperating Procedure N2, Qfg, Revised
July 2, 1957.

 The inventory was prepared under the supervision of Branson
Marley, Assistant Project Supervisor in charge of public archives.
The inventory was read for the sponsor by Dr. C. C. Crittenden of the
North Carolina Historical Commission and was edited by Miss Mabel S.
Brodie of the central office staff. The Survey is indebted to the
members of the staffs of the Licensing Boards for their generous co-
- operation in the work.
1mg, 1941

Abbreviations, Symbols, and Explanatory Notes. . . . . . . vii
Introduction . . . . . . . . . . . . . . . . . . . . . . . l
No. 5 Board of Medical Examiners of North Carolina . . . . . . . 9
No. 6 State Board of Dental Examinersa . . . . . . . . . . . . . 15
No. 7 Board of Pharmacy. . . . . . . . . . . . . . . . . . . . . 19
No. 8 State Board of Embalmers . . . . . . . . . . . . . . . . . 25
No. 9 North Carolina Board of Nurse Examiners. . . . . . . . . . 26
No. 10 Board of Veterinary Medical Examiners. . . . . . . . . . . 50
No. 11 State Board of Osteopathic Examination and Registration. . 52
No. 12 North Carolina State Board of Examiners in Optometry . • . 54
No. 12 State Board of Accountancy . . . . . . . . . . . . . . . . 57
No. 14 State Board of Architectural Examination and Registration. 40
No. 15 State Board of Chiropractic Examiners. . . . . . . . . . . 44
No. 16 Board of Chirepody Examiners . . . . . . . . . . . . . . . 46
No. 17 State Board of Registration for Engineers and Land
Surveyors. . . . . . . . . . . . . . . . ....... . 48
No. 18 Licensing Board for Contractors. . . . . . . . . . . . · • 54
No. 19 North Carolina Real Estate Commission. . . . . . . . . · · 59
No. 20 State Board of Barber Examiners. . . . . . . . . . . . , , 64
Ne. 21 State Board of Examiners of Plumbing and Heating
Contractors. . . . . . . . . . . . . . . . . . . . . . . 69
No. 22 State Board of Cosmetic Art Examiners. . . . . . . . . . . 75
No. 25 Board of Law Examiners . . . . . . . . . . . . . . . . . . 77
No. 24 State Board of Photographic Examiners. . . . . . . . . . . 85
Ne. 25 State Dry Cleaners Conmission. . . . . . . . . . . . . . . 89
No. 26 North Carolina Licensing Beard of Tile Contractors . . . . 92
No. 27 Board of Examiners of Electrical Contractors . . . . . . . 95
Bibliography . . . . . . . . . . . . . . . . . . . . . _ _ 99
Index. . . . . . . . . . . . . . . . . . . . . . . . . . , 100

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Exact titles are written in all capitals without brackets.
Explanatory titles, written with initial capitals and enclosed in
brackets, have been added to exact titles which are misleading or which
are not sufficiently descriptive of record content.
Descriptive titles, written in all capitals and enclosed in brackets,
have been assigned to records having no exact titles on volumes or con-
· If units of a record have distinguishing nu bers, letters, or other
labeling, such labeling is indicated in parentheses following the state-
ment of quantity in the title line. ,
A title-line cross reference is used in the entry for a record if a
part of the record is kept for a period of time in the same volume or
container with another record and consequently appears physically in
another entry. It brings into tho title line of the entry for tho record
any separate parts and shows in what other entries those parts are con-
A body-of-entry cross reference, appearing in the entry containing
the part and referring to the entry describing the record, is used to
complement each title—line cross reference.
Third-paragraph cross references are used to indicate relationship
between records in other entries or to refer to records of similar nature
described in other entries.
Dimensions of volumes or record containers are given in inches.
Number of papers contained, as shown in title lines, is the approxi-
mate total number covered by the entry.
_ Unless otherwise indicated the condition of the record is assumed
to be good or excellent.

The regulation of enterprises having a public interest has long been
recognized as a field for governmental activity. One of the most effect-
ive means of exercising such regulation is through the use of licenses.
While licenses may be of two kinds, namely, those used as revenue measures
. and those used in the exercise of the police power, the effect in all cases
is the same. The sovereign power forbids to its subject certain fields of
‘ endeavor and then upon the fulfilment of certain requirements issues a
permit to engage in the restricted activity.
The use of the license as an exercise of the police power may be of
two types, depending upon the origin of the impetus. On the one hand, if
tho effect of licensing is regulation imposed upon the activity, as in
the case of insurance agents, auctioneers, and detective and collecting
agencies in North Carolina, it might be termed external; on the other
hand, if it is carried out through governmental authority given the in-
dividuals engaged, as in the case of the professions, it is internal or
self regulation.
» lt is the group of 21 business and professional licensing boards in
the latter category with which this volume is concerned, although since
they are not new operating, the North Carolina Real Estate Commission and
the State Dry Cleaners Commission, which are included in the volume, are
not considered in the introduction. The licensing beards are, of course,
completely independent of each other, notwithstanding the fact that they
perform the same functions and derive their powers from the same source.
The problems presented by agencies for the licensing of professions
have long been of interest to students of public administration and
administrative law. The bibliography is extensive and the points of
view are widely variant.l The history of professions and their organiza-
tions has been traced from the guild systems of the fifteenth and six-
teenth centuries through the decline of trading guilds in the sixteenth
and seventeenth centuries, the rise of such organized professions as
physicians, surgeons, and apothecaries in England and accountants in Italy,
the rapid increase in the number of recognized professions during the
last century and a half, and the growing emphasis on advanced degrees
as certificates of competence.
While agencies whose members are individuals engaged in a common
profession regulating their own practices under government authority seem
to appeal to students as ideal democratic institutions, the problem pre-
sented by licensing agencies in general is much more complex and is well
worthy of the consideration of legislators and the public.
In North Carolina physieians,and surgeons, dentists, pharmacists,
ombahnors, nurses,veterinarians, ostcopaths, optomctrists, accountants,
l. For an extensive bibliography consing_2f Profossions_;n West
on the subject, soc Francis Virginia, pp. 161-187.
Priscilla DoLancy, Thi Ei-

 . (Introduction) (First entry, p. 13)
architects, chiropractors, chiropodists, engineers and land surveyors,
general contractors, barbers, plu bing and heating contractors, cosmeto-
legists, attorneys, photographers, dry cleaners, tile contractors, and
electrical contractors are licensed, regulated, and supervised by boards
composed of individuals engaged in those activities.
The lack of uniformity in legislation relative to agencies engaged
in the same tasks is noticeable and tends to much confusion. The member-
ship of the boards varies from 3 to 7, although I2 of them have 5 members
each. In all cases the members of the board must be engaged in the activ-
ity over which the particular board has supervision. The members of 16
of the 21 boards are appointed by the Governor, although in three in-
stances, the Board of Pharmacy, the Beard of Osteopathic Examination and
Registration, and the Board of Chiropractic Examiners, the Governor must
select and com ission the members from among a list recommended by the
respective professional associations. The North Carolina Medical Society
and the North Carolina Pedic Association name the members of the Board
of Medical Examiners and the Board of Chiropody Examiners, respectively;
the North Carolina State Nurses Association, the North Carolina Medical
Society, and the State Hospital Association name the members of the Board
of Nurse Exmniners; and the State Board of Health names the members of the
Board of Embalmers. In two cases, the Board of Dental Examiners and the
Board of Examiners in Optometry, the professional societies select the
members and the Governor commissions them. The Board of Law Exmniners is
selected by the Council of the State Bar.
The terms of office vary from 3 to 7 years, except for tho Dry
Cleaners Commission, members of which serve at the pleasure of the Govern-
Oy. And the terms usually overlap, except in the Board of Medical Exam-
iners, and the Board of Examiners of Electrical Contractors. Members of
only nine of the boards are required to take an oath of office. In most
cases the appointing power may also remove members and fill vacancies.
The compensation of members ranges from actual expenses in the per-
formance of their duties to $10 per diem and expenses; only the Board of
Embalmers determines the compensation of its members without a statutory
limitation. Each member of the Board of Law Examiners receives $50 for
each examination, subsistence, and transportation costs up to 5 cents a
mile for use of his own automobile. All the boards have secretaries who
act as executive officers and in most cases are chosen, like the presi-
dents or chairmen, from the membership.
There are even greater variations in the jurisdiction, powers, duties,
and amount of discretion allowed each board. Nineteen of the El boards
have jurisdiction over all persons engaged in the activities over which
they have control. Pharmacists in towns of less than 500 population,
plumbing and heating contractors in towns of less than 5,500 population,
and photographers in towns of less than 2,500 population are exempted from
the supervision of their respective boards. In all cases the activity
over which the board has control is carefully defined. Graduation from a
recognized or reputable school is required by law of applicants for li-
cense as physicians and surgeons, dentists, pharmacists, embalmers,
nurses, veterinarians, ostcopaths, chiropractors, engineers,and land
surveyors, barbers, cosmotologists, and attorneys. The decision of the

 I (Introduction) (FiYSt entry. P• 15)
board as to what schools are acceptable governs in all cases except
physicians and surgeons, where the law sets forth the requirements. In
most cases the applicant must have reached his majority and must present
· affidavits of character. Revocation of licenses is usually based on vio-
lation of the rules of the board, violation of the regulatory statutes,
proof of lncompetency, conviction of a felony, or grossly immoral conduct,
but the discretion allowed each board is great.
There is provision for issuance of licenses to properly qualified
practicioners from other states provided the standards of the other state
equal those of North Carolina or, in a few cases, provided the applicant
fulfills the requirements laid down for a practicionet in this State.
Examination fees range from ts to @25 and renewals are required in
most cases. In addition to the fees collected by the licensing boards,
all of the occupations are included under the "Sohedule B" license or
privilege tax collected by the Department of Revenue for purely revenue
The beards are authorized to use money collected for fees for admin-
istrative purposes. There are no other restrictions on 15 boards. The
Beard of Medical Examiners and the State Board of Osteopathic Examination
and Registration may not exceed the amounts collected and apparently such
an implied restriction governs all the other boards. One board, the State
Board of Registration for Engineers and Land Surveyors, must pay the
amounts collected to the State Treasurer, who must keep the money as a
separate fund and may pay out only on warrant of the State Auditor issued
on a requisition certified by the board. The Licensing Board for Con-
tractors is required to pay each year to the engineering department of
the Greater University of North Carolina all of its surplus except an
amount equal to lO percent of its expenditures for the previous year; the
Board of Law Examiners pays any surplus to the Supreme Court Library; and
the North Carolina Licensing Board of Tile Contractors pays any surplus
over $100 to the department of ceramic engineering of the Greater Univer-
sity of North Carolina.
In no case may a license be revoked, suspended, or refused without a
hearing. Because of the long period and haphazard manner in which the
boards have been created, however, there is much inconsistency in details.
The amount of notice to be given varies as do the stated provisions rela-
tive to the power to subpoena witnesses and records and to administer
oaths. The right of appeal from the decisions of the boards is recognized
generally although the statements of the right vary considerably; for in-
stance, the laws relative to the Board of Medical Examiners make no pro-
vision for appeal but the Supreme Court of the State has decided that such
a right was the intent of the legislature.
In 1959 an effort was made to systamatize procedure for hearings and
appeals when 12 of the boards, namely, the State Board of Embalmors, the
Board of Veterinary·Medical Examiners, the State Board of Accountancy, the
2, State X. Carrol, 194 N. C. 57 (1927).
A Icjff.

 g f,}
- 4 -
( (Introduction) (First entry, p. 13)
Board of Chiropody Examiners, the State Board of Registration for Engineers
and Land Surveyors, the Licensing Boardfor Contractors, the State Board of
V Barber Examiners, the State Board of Examiners of Plumbing and Heating Con-
tractors, the State Board of Cosmetic Art Examiners, the State Board of
Photographic Examiners, the North Carolina Licensing Board ef Tile Con-
tractors, and the Board of Examiners of Electrical Contractors, were in-
cluded in a general law.
No license may new be revoked or suspended except according to a
procedure which must conform as near as may be to the procedure for hear-
ings before a referree in compulsory references and which must include:
(l} a notice in writing to the licensee stating the charges, naming the
time and place for the hearing BO days or more from the date of notice,
and served by an officer of the law or by registered mail; (2) a hearing
before the board at which the defendant may appear in person and by counsel
and may produce evidence by witnesses and records; (3) a written report by
the board of findings and action, a copy of which must be given defendant;
and (4) a right of appeal to the superior court of his county of residence
or to the Superior Court of Wake County upon filing an appeal bond of eso
which acts as supersedeas.5 Each board is authorized to issue subpoenas for
witnesses and rseoease and may make additional rules of procedure.5 Hear-
ings before the board must be in the county of defendant's residence un-
less there is an agreement to the contrary.6
Written notice of appeal must be given the board with a statement of
the exceptions. The board must then file with the clerk of court within
50 days a complete transcript of charges, evidence, decisions, and excep-
tions. In the hearing of the appeal, issues of fact are heard by jury but
may be only on the evidence produced at the hearing before the board.
Motion may be made by the defendant or the board on the discovery of new
evidence whereupon the case is remanded to the board for further hearing.7
Either party may appeal from the decision of the superior court to the
State Supreme Court and the order of the board is suspended until final
action.8 The board may restore a license upon evidence that the licensee
intends to obey the law.9
All of the boards are required to keep records of their proceedings
and most of them must keep records of licensees and of receipts and dis-
bursements. Nine of the boards are required to make a full report an ually
to the Governor on transactions, receipts, and expenditures. The remain-
ing 13 are not required to make a report, although the board of Medical
Examiners makes an annual report to the Medical Society and the Board of
Law Examiners annually reports to the State Bar.
There have been at least two definite proposals for systematizing the
organization and functions of occupational licensing agencies. In 1925
5. Public Laws of North Carolina, 6. Ibid., s. 2.
l939, c. 2l8,_s. l, hereafter 7. Ibid., s. 4.
cited as Public Laws. 8. Ibid., s. 5.
4. Ibid., s. 5. 9. Ibid., s. 6.
5•   Sv 8;

   - 5 -
i (Introduction) (First entry, p. 15)
, the State Auditor submitted to the Governor and General Assembly a report
; on a Plan of Reorganization of State Departments, Boards and Com issions
which was prepared as part of*a movement toward a "shert'ballot." Among
the suggestions for centralization was the creation of a Bureau of Regis-
tration of the Department of Education which should replace the 15 examin-
ing boards existing at the time and to which should be transferred their
functions. The bureau would pass upon the qualifications of applicants;
the final review of applications and the examination and grading of papers,
however, would be the task of special examiners appointed for each occupa-
tion and paid by the Superintendent of Public Instruction upon the recom-
mendation of the occupational societies. The bureau would keep the neces-
sary records and registers, issue the licenses, and collect and pay all
fees into the State Treasury.
The arguments presented in favor of this proposal are noteworthy.
Aside from oontralizing functions, the resultant uniformity of standards
and methods, and the unity of control ever funds, it was suggested that
through "grouping these activities in one agency directed by one individ-
ual, it is believed that higher standards may be attained and more effi-
cient control exercised over the whole field of professional examinations.
The present boards acting as independent units give little attention to
the problem as such, for their time is taken up with the practice of their
own professions except for a few days each year. Such matters as recip-
recal relations with other state boards, standards of admission and
qualifications, and the revocation or suspension of licenses in them-
selves justify the full time, consideration, and thought of one capable
individual, Unless qualified men are taken into the profession and allowed
to practice in this State, and the incompetents are refused certificates
of permission to continue their practice, both tho public and the profes-
sions will suffer. Under the proposed plan there will be one overhead and
one office instead of thirteen offices scattered over the State."lO
In 1925, however, the movement for licensing agencies had not reached
such large proportions. Indeed, the Auditor could group the 15 agencies
then existing under the classifications "professions" and "quasi- profes-
_ sions" without doing violence to the accepted definition of the terms.
Nevertheless, the proposal was radical and seems to have received little
Again, in 1950, the Brookings Institution proposed, as part of its
plan of reorganization, the centralization of the records and office work
of examination boards under a Bureau of Professional Registration of the
Department of Public Instruction. Among the advantages cited was that of
having in one place complete data of professional and trade registration.
The Brookings proposal was not so radical as the earlier one, for it
contemplated retention of all the existing boards for the purpose of
lO. State Auditor, Plan of Re- missions submitted to the
organization of State_De: Governor and Generaljdssem-
partments, Boards _an_d_;T___e-_1_n_- _b_ly_, 65.

 vi }?
g` - 6 -
Q (I¤tF0d¤0ti0¤) (First entry, p. 15)
lg formulating and grading examinations.ll
Except for the above mentioned law of 1959, however, no general
policy relative to licensing agencies has been adopted by the legislature.
The courts generally have held the licensing of occupations to be a
legitimate exercise of the police power in all cases in which the statute
under consideration provides for a proper hearing and notice before
revocation, provides sufficient statutory provisions to guide the boards,
is reasonably calculated to protect public safety, morals, or general
welfare, or is not discriminatory.l2 The courts do not intend to set
themselves up as omniscient and recognize the need of administrative
agencies composed of experts to decide on the facts; yet, they see the
need to protect private rights against administrative encroachment. As
a result, they have hedged themselves in by declaring that findings of
administrative boards are final except where they are capricious or based
upon inconclusive evidence;l3 by reviewing "judicial" duties only and
H refusing to review "administrative" duties; and by declaring that errors
of law but not of fact are reviewable although in jurisdictional or con~
stitutional questions even errors of fact are roviewab1e.l4
In North Carolina, the legislators and the courts have been accused
of opening wide the gates to legislation regulating occupations genera1¤
1y.l There seemed to be some justification.for the accusation when in
1957, the General Assembly passed laws creating regulatory and licensing
agencies over three occupations which cannot be classed as professions
and re-created a similar agency which had previously been declared uncon-
stitutional by the courts. Popular outcry against rule by boards and
commissions rather than by law and men reached a climax as a result of the
State Supreme Court's decision declaring constitutional the law creating
the Board of Photographic Examiners.l6 A reaction from this extreme
stand was seen in the 1959 decision declaring the Real Estate Commission
unconstitutional; however, the Court made no effort to discuss the prin-
ciple of licensing but confined itself to declaring the Commission uncon-
stitutional as a result of a technicality.17 Finally, the Court dis-
cussed the theory and practice of occupational and professional regula-
tion by boards and commissions in a 1940 decision declaring the law
creating the State Dry Cleaners Com ission invalid.l8
ll. Brookings Institution, Report 14. Sidney Schulman, "Administra-
£n_a Survey 2£_the Orrani