Opinion. 633; Red 'C' Oil Mfg. Co. v. Board of Agriculture, 222 U. S. 380, 56 L. Ed. 240, 32 Sup. Ct. Rep. 152; Monongahela Bridge Co. v. United States, 216 U. S. 177, 54 L. Ed. 435, 30 Sup. Ct. Rep. 356; Buttfield v. Stranahan, 192 U. S. 470, 48 L. Ed. 525, 24 Sup. Ct. Rep. 349. See also Waters-Pierce Oil Co. v. Texas, 212 U. S. 86, 53 L. Ed. 417, 29 Sup. Ct. Rep. 220. If this were not so, the many administrative agencies created by the State and national governments would be denuded of their utility, and government in some of its most important exercises become impossible." In State v. Cohen, 73 N. H. 543, 63 Atl. 928, a statute was upheld which granted to certain State officials the right to issue licenses to persons "deemed by them to be suitable to be dealers in junk." Pub. St. N. H. 1901, c. 124, sec. 1, as amended by Laws 1905, c. 76. It was held that this was not an arbitrary and uncontrolled power, but only vested in said officials a reasonable discretion in determining who were suitable persons, and was a valid execution of the police power of the State. On this subject it was said: "The theory on which the statute was framed was that the protection which it was thought the public required would be obtained by allowing 'suitable persons' only to engage in the business and have it distinctly known where the business was to be transacted. To carry the theory into effect, it was necessary to clothe some one with authority to determine who were 'suitable persons,' persons possessing the requisite sobriety, integrity and respect for the welfare of the community, to be safely entrusted with the control of a business having such possibilities of danger to the safety and welfare of the public. The legislature delegated the performance of this duty to the mayor and aldermen and selectmen. These officers were not to license per Opinion. sons generally or such persons as they saw fit, but only 'suitable persons.' There is nothing in the statute having the least tendency to show an intention that there was to be any discrimination among 'suitable persons,' or that any persons were to be adjudged unsuitable except those who, in the conduct of the business, would defeat, or attempt to defeat, the purpose of the legislature in requiring a license. All suitable persons who applied were to have licenses. The provision was not intended as a grant of arbitrary power, but only as the imposition of a duty upon those officers, to be performed by an impartial exercise of a reasonable discretion. There can be no doubt of the legislature's power to delegate the duty to these officers, and by so doing they violated no provision of the Constitution." In Racine v. District Court, 39 R. I. 475, 98 Atl. 97, it was held that an ordinance authorizing the city clerk, upon the approval of the chief of police, to issue licenses to drivers of motor busses who were deemed suitable persons to drive such busses, was not invalid because it conferred on the officers named an unbridled discretion in issuing or refusing to issue licenses as it cannot be presumed that the discretion will be abused. Yee Bow v. Cleveland, 99 Ohio St. 269, 124 N. E. 132, 12 A. L. R. 142, was a laundry case, and before license could be issued the health commissioner was required to ascertain whether the sanitary and drainage arrangements were sufficient to protect the public health, and whether adequate ventilation, plumbing and draining facilities had been provided. It was claimed that these matters were left to the arbitrary judgment of the health commissioner, with no fixed standard to guide his action, and hence it was illegal. On this Opinion. subject the court said: "It is exceedingly doubtful whether a fixed standard could be adopted by the city in its regulation of those features. But it is now generally held that discretionary powers may be lodged in administrative officers to determine whether the terms of a law or ordinance of this character have been complied with, and that such terms, like other general terms, get precision from the sense and experience of men.' It was further said: "It is now generally held that quasi judicial duties and administrative functions may be imposed upon administrative officers for the purpose of acertaining the conditions under which the law or ordinance becomes effective. It will not be presumed that the action of the administrative officer will be either arbitrary or unwarranted. Should it so prove to be, the aggrieved person would have the right to relief through the courts." Block v. Chicago, 239 Ill. 251, 87 N. E. 1011, 130 Am. St. Rep. 219, was a motion picture case, in which a city ordinance was upheld which required persons who desired to exhibit moving pictures to first exhibit them to the chief of police who was to determine whether they were immoral or obscene, and if they were to refuse to permit them to be exhibited. It is said in the opinion: "It is also argued that the ordinance is void because it delegates legislative and judicial powers to the chief of police by giving him the power to determine whether a picture or series of pictures is immoral or obscene, and not giving to the applicant for a permit a day in court for the determination of the question whether the picture or series of pictures is immoral or obscene. It is true that a legislative body cannot divest itself of its proper function to determine what the law shall be, but it may Opinion. authorize others to do those things which it might properly, but cannot understandingly or advantageously do. That rule was stated as long ago as the case of People v. Reynolds, 5 Gilm. 1, where it was said that without that power legislation would become oppressive and yet imbecile, and that local laws, almost universally, call into action to a greater or less extent the agency and discretion either of the people or individuals to accomplish in detail what is authorized or required in general terms. Government could not be carried on if nothing could be left to the judgment and discretion of administrative officers, and the doctrine of that case has been steadily adhered to ever since. It has never been questioned that power may be delegated to officers to determine facts, such as whether animals are diseased so as to exclude them from importation; whether meat or food is found upon an inspection to be unhealthy or diseased; whether an assemblage amounts to a riot to be dispersed. There are numerous facts of that kind which must be left to administrative officers, and the ordinance is not invalid because the chief of police must determine the question of fact whether a picture or series of pictures is immoral or obscene. * * * "But it is said that, conceding the power of the legislative body to authorize an administrative officer to determine the question, the ordinance fixes no standard by which it is to be determined. Manifestly it would be impossible to specify in an ordinance every picture or particular variety of picture which would be considered immoral or obscene, and no definition could be formulated which would afford a better standard than the words of the ordinance. It is doubtless true, as said by counsel, that there are people who differ upon the subject as to what is im Opinion. moral or obscene. There are the shameless and unclean, to whom nothing is defilement, and from whose point of view no picture would be considered immoral or obscene. Perhaps others could be found, with no laxity of morals, who pay homage to art, and would not regard anything as indelicate or indecent which had artistic merit, and would look upon any person entertaining different sentiments as of inferior intelligence, without proper training on the subject and blinded with bigotry. Both classes are exceptional, and the average person of healthy and wholesome mind knows well enough what the words 'immoral' and 'obscene' mean, and can intelligently apply the test to any picture presented to him. There is a great diversity of opinion as to what constitutes good moral character, but it is beyond question that an officer authorized to grant a license to keep a dram shop may determine whether the applicant has a good moral character, and there has been no ground for the complaint that the power has been wrongfully or oppressively exercised against applicants. It is presumed that the chief of police, or the mayor, in case of an appeal to him, will perform his duty with reasonable intelligence and in accordance with the generally accepted meaning of the words." Many other cases might be added to the same effect. [4] It is true that no appeal is expressly given from the decision of the superintendent of police, but the right of appeal to a higher tribunal is not a constitutional right. [5] We are of opinion that a city may, in the execution of its police power, invest its administrative and executive officers with a reasonable discretion in the performance of duties devolved upon them to that end, whenever it is necessary for the safety and wel |