52 ESSENTIALS OF VETERINARY LAW 



exceeded their authority, and the issuance of the 

 license was secured by mandamus.^'^ 



The issuance of the license is a purely executive 

 duty, even when the officer issuing it is vested with 

 discretion.^ ^ If the statute merely requires presen- 

 tation of a diploma from a legally organized col- 

 lege, the officer must be satisfied that the diploma 

 is genuine, that it was issued from a college which 

 was legally organized, and that the holder is law- 

 fully entitled to the same. Frauds have been at- 

 tempted in each of these points. If in addition, the 

 statute adds the requirement that the college shall 

 be of good standing, without making it clear what 

 the basis of judgment must be, it is left to the board 

 to determine this point, and it is presumed that the 

 board shall act with discretion, and not arbitrarily. 

 All tests must be reasonable and impartial; they 

 must not violate the principle of equal protection, 

 nor create any special privilege. The qualification 

 required must be obtainable by reasonable eifort.^^ 

 There is no ''school" in science, and the idea of a 

 "school" of medical practice is essentially com- 

 mercial. The law should be based upon scientific 

 knowledge and training, and as such no special 

 method of treatment should be favored or dis- 

 criminated against.^*' 



Owing to the very great differences which were 

 found in the teaching of different schools, and as 



17 state V. Lutz, 136 Mo. 633. Health, 22 Ky. L. 438, 50 L. E. 



18 People V. Apfelbaum, 2.51 A. 386; State v. Gregory, 83 

 111. 18. Mo. 123; White v. Carroll, 42 



10 Dent V. West Virginia, 129 N. Y. 161 ; Allopathic St. Bd. 



U, S. 114. of Medical Examiners v. Fow- 



20 Nelson v. State Bd. of ler, 50 La. Ann. 1358, 24 S. 809. 



