10 ESSENTIALS OF VETERINARY LAW 



unconstitutional.^ Similarly, regulations as to 

 manufacture were considered to be legislation, and 

 so not law.^" But regulations relative to marking 

 of goods were considered true regulations, and not 

 additional legislation.^^ "As regulations depend 

 upon a statute, they can never go to the extent 

 of being independent of the statute. A regula- 

 tion which is in effect legislation is in a just sense 

 a regnilation no longer. That is, as a regulation is 

 derivative, it must keep within the scope of the 

 statute under which it is formed. ' ' ^- 



This point is very important for veterinarians 

 for two reasons. First, many members of the pro- 

 fession hold administrative positions, and as such 

 it is their duty to apply the laws enacted. Through 

 mistaken ideas of their authority they often at- 

 temjDt this excess of power, and if they do so to 

 tlie injury of any one, they may be held liable for 

 such damages as may appear. Secondly, veterina- 

 rians are working under the law, and they may be 

 met with attempts at illegal use of official posi- 

 tions in a way that may work injuiy to themselves 

 or to their clients. If, in such cases they know the 

 general principles of the legal situation, they may 

 save themselves and their clients trouble and 

 money. ^^ 



6. Municipal Ordinances. Although municipal 

 ordinances, and sometimes the regulations of 

 boards of health, may have the form of enact- 



9 Morrill v. Jones, 106 IT. S. i2Wyman. Administrative 

 466. Law, 133. 



10 United States V. Eaton, 144 is Public Health, 100. 

 U. S. 677. 



n In re KoUoek, 165 U. S. 

 526. 



