PRACTICE OF VETERINARY SURGERY 53 



to tlie strictness with which candidates for degrees 

 were tested, it has been found advisable to require, 

 either with or without a diploma, that all candi- 

 dates for medical license shall be examined by 

 officers of the state issuing the license. The stat- 

 ute should be definite as to the amount of educa- 

 tion which the candidate should have had aside 

 from his professional course, should specify 

 whether or not a candidate not possessing a 

 diploma shall be admitted to license examination, 

 and it should further state in what branches he 

 should be examined. Though the work of the 

 examining board is a quasi-judicial act, it is execu- 

 tive in nature. It is presumed that the examina- 

 tion will be conducted in an impartial manner. 

 If it is not so conducted, it is arbitrary, and there- 

 fore illegal.^^ 



33. Appointment of Examiners. It is one of the 

 principles of the American governmental system 

 that appointment to office must be made by the 

 same branch of service. That is, since the work 

 of issuing a practice license is executive in nature, 

 the appointment of the examiners must be made 

 by executive officers, and not by the legislative or 

 judicial officers.^ ^ The California medical prac- 

 tice act grants the appointment of examiners to 

 the medical societies. So far as we are aware this 

 particular act has not been tested judicially as to 

 this point. In a somewhat similar case in Illinois 

 it was held that the statute was unconstitutional 

 as a delegation of authority, and as granting a 

 special franchise. ''Such rights as inhere in the 



21 Public Health, 273. 22 Public Health, 283. 



