Collier & Wallis, Ltd. v. Astor

CURTIS, J.

This is an appeal from a judgment in favor of the plaintiff in an action to recover upon a contract between the parties to this action -whereby the plaintiff, an incorporated employment agent, secured the engagement of the defendant as a motion picture artist by the R. K. O. Studios. The plaintiff was engaged in the business of conducting a private employment agency under a license issued by the commissioner of labor pursuant to the provisions of the so-called Private Employment Agency Law. This act was originally

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enacted in 1913. (Stats. 1913, p. 515.) Various amendments have from time to time been made in the original act, and as in force at the times herein mentioned will be found in volume 1 of Laws of 1931 at page 1137 thereof, the last amendment thereof having been enacted in 1931. (Stats. 1931, chap. 827.)

Among the points raised by the appellant for the reversal of said judgment is that the action was prematurely brought in that the respondent failed to comply with the provisions of section 19 of said act before instituting this action. This section of the act, in so far as material to our present purpose, provides: “In all cases of controversy arising under this act the parties involved shall refer the matter in dispute to the commissioner of labor, who shall hear and determine the same subject to an appeal within ten days to the Superior Court where the same shall be heard

de novo.”

It is conceded that the respondent did not, before commencing this action, refer “the matter in dispute’’ to the commissioner of labor, and consequently that official made no determination of said matter before this action was commenced. Therefore if this section of said act is a valid legislative act the point made by appellant that this action was prematurely brought must be sustained. The labor commissioner is a purely administrative officer with state-wide authority and possesses no judicial powers, and it is now definitely settled in this state that a writ of

certiorari

may not issue out of the courts of this state to review the acts of an official or board exercising state-wide administrative powers.