Bratton v. Chandler, 260 U.S. 110 (1922)

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Bratton v. Chandler


No. 239


Argued October 10, 1922
Decided November 13, 1922
260 U.S. 110

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF TENNESSEE

Syllabus

1. A statute must be construed, if fairly possible, so as to avoid not only the conclusion that it is unconstitutional, but also grave doubts upon that score. P. 114.

2. The law of Tennessee providing for licensing real estate brokers and salesmen and creating a real estate commission, where. it authorizes the commission to "require and procure" proof of the honesty, etc., of any applicant, before issuing him a license (Laws 1921, c. 98, § 8) does not contemplate that such proof may be procured by the commission secretly, without giving the applicant notice or opportunity to learn its nature and source and to meet it. P. 114.

Reversed.

Appeal from a decree of the district court granting a temporary injunction restraining the appellant state officials from executing, as respects the appellees, a statute requiring real estate brokers to obtain licenses.