For the prosecutrix, Snevily & Ely (Addison C. Ely, of counsel).
For the respondent, Walter D. Van Riper, Attorney General, and Joseph A. Murphy, Assistant Deputy Attorney General.
Before Case, Chief Justice, and Justices Parker and Burling.
The opinion of the court was delivered by
BURLING, J. The writ was issued to review the proceedings taken under "An act to define, regulate and license real estate brokers and salesmen, to create a State Real Estate Commission and to provide penalties for the violation of the provisions hereof" (Chapter 141, Laws of 1921 -- R.S. 45:15-1). The statute authorizes the commission to suspend or revoke a license to engage as a real estate broker or salesman where the licensee is guilty of conduct therein denounced. The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any real estate broker.
Complaint was made by Laura M. Brehm against the prosecutrix, Jennie V. Taylor, alleging violation by her of R.S. 45:15-17, especially subdivision (e) which reads as follows:
"e. Any conduct which demonstrates unworthiness, incompetency, bad faith or dishonesty."
R.S. 45:15-18 prescribed the procedure to be pursued upon such a complaint.
The commission, after hearing as hereinafter referred to, upon notice and service of a copy of the complaint, deemed the prosecutrix to be guilty of violating subdivision (e).
The conviction was reviewed by Mr. Justice Frederic R. Colie, pursuant to the procedure contained in said R.S. 45:15-18. The judgment was affirmed by him.
Objection has been raised by the respondent that the election of remedy for review provided expressly by the Real Estate Sales Regulating Act makes certiorari unavailable. Where a court sits as a special statutory tribunal and not in the exercise of its common law jurisdiction, certiorari is a proper remedy. In re Longo (Supreme Court, 1939), 122 N.J.L. 108 (at p. ...