54 ESSENTIALS OF VETERINARY LAW 



sovereign power can only be exercised by the indi- 

 vidual or corporation by virtue of a grant from 

 such sovereign jDower, and when the state grants 

 such a right it is a franchise. ' ' ^^ Power to ap- 

 point to office is an attribute of sovereignty.^"* The 

 legislature has no power to appoint to office. 

 Not having the power in its possession it could 

 not give it to a non-governmental organization. 

 (§§171-172.) 



34. Exceptions. Statutes relative to the license 

 of practitioners frequently make certain excep- 

 tions in their operation. If these exceptions are 

 based upon reason, being neither arbitrary nor a 

 mark of favoritism, they will not be held illegal 

 in themselves, nor will they vitiate the legality of 

 the rest of the statute. So, where an exception is 

 made in the application, of those who have been 

 practicing for a given number of years within the 

 state before the jDassage of the statute, the law 

 has been upheld.^ ^ Also, an exception made with 

 reference to physicians practicing in another state, 

 in which they reside, but called within the state 

 enacting the statute for purposes of consultation, 

 or for the treatment of special cases, is upheld as 

 legal.^^ Such an exception might very reason- 

 ably exclude from its operation practitioners re- 

 siding in counties contiguous to the state making 

 the provision. This would seem especially advis- 



23 Lasher v. People, 183 111. 111. 84; State v. Vandersluis, 42 



226, 233, citing, Bd. of Trade v. Minn. 129. 



People, 91 111. 88; People v. 2g State v. Van Doran, 109 N. 



Holtz, 92 111. 426. C. 864; Parks v. State, 159 



2* 1 Blackstone Com. 272. Ind. 211, 64 N. E. 862. 



25 Williams v. People, 121 



