Lehmann v. State Board of Public Accountancy, 263 U.S. 394 (1923)

Lehmann v. State Board of Public Accountancy


No. 170


Motion to dismiss or affirm submitted November 26, 1923
Decided December 10, 1923
263 U.S. 394

ERROR TO THE SUPREME COURT
OF THE STATE OF ALABAMA

Syllabus

A state statute authorizing a Board to grant certificates of registration to qualified persons as certified public accountants, and empowering it, upon notice and hearing, to cancel any registration so granted for unprofessional conduct of the certificate holder, but leaving the individual free to.practice accountancy without procuring a certificate and after a certificate granted has been cancelled, held not violative of the due process clause of the Fourteenth Amendment or the provision of the Constitution against ex post facto laws in the case of one who, having obtained such a certificate, sought to enjoin the Board from hearing charges looking to its revocation upon the ground that the statute conferred arbitrary power by not defining more specifically the cause for revocation and that the Board had promulgated no definitive rules. P. 397.

208 Ala. 185 affirmed.

Error to a decree of the Supreme Court of Alabama affirming a decree which dismissed a bill to enjoin a state Board and its members from hearing charges preferred against the plaintiff looking to the revocation of his certificate as a public accountant, and to enjoin the other defendants, who had made the charges, from prosecuting them. The section of the Alabama statute governing the proceedings before the Board is set forth below.{1}

.