47 P. 786 | Or. | 1897
Opinion by
This is a proceeding by mandamus to compel the board of pilot commissioners to renew a license issued to the petitioner as a river pilot in July, 1893, and comes here on an appeal from a judgment in his favor. The act creating the board of pilot commissioners and prescribing .■its powers and duties (Laws 1882, p. 15, sections 3892,
The contention for the defendant is that the power to limit the number of pilots given by section 3904 of the Code includes the power to withhold from licensed pilots renewals of their annual licenses without notice; while the petitioner contends that a license duly issued must be annually renewed, unless such renewal is withheld for cause, to be determined in the manner and after the notice required by section 3907, and in this position we think he is correct. The several provisions of the statute on this question must be construed together, and effect given to all. Now, by section 3904 the board is clearly authorized and empowered to limit the number of pilots, but this power must be exercised in conformity with the provisions of section 3907, which plainly protects the holder of a license by requiring that it shall be annually renewed as a matter of course, unless, after notice, and a hearing if desired, the board shall determine that there is good cause for withholding such renewal. In other words, the effect of the statute is that the board may, in the first instance, refuse to license 'an applicant because the number of pilots allowed by it is complete, but, after having issued a license, it must renew the same as a matter of course unless it proceed in the manner pointed out. In
It was argued, however, for the defendants, that the provisions of section 3907 have reference only to a case where the refusal is to be based upon some reason personal to the particular pilot, but this is giving to the statute a construction unwarranted by its language. It clearly declares that a license granted to a pilot shall be renewed as a matter of course, unless he is notified of a determination not to renew it, and the cause thereof, and thus given an opportunity to be heard on the matter. The statute makes no distinction as to the method of procedure in a case where the pilot commissioners desire to withhold the renewal of a license because of the alleged incompetency or unfitness of a particular pilot, and one where they desire to withhold such renewal on the ground that the interests of commerce require the number of pilots to be reduced. In either case the pilot to be affected is entitled to notice, and an opportunity to present such reasons as he may have why the contemplated order should not be made. It may be within the official judgment and discretion of the board to reduce the number of pilots as their several licenses shall expire; but, if so, the law has provided that it shall not be done without notice. It was also urged at the argument that the board was justified in refusing to renew the license of the petitioner because he had not been engaged in the active pilot service during the previous year. But that question is not here. No notice was ever given him of the intention to withhold his license on that account.
Affirmed.