56 ESSENTIALS OF VETERINARY LAW 



ment upon the candidates' qualifications. A duty 

 with discretion cannot be delegated,^^ This would 

 seem to prohibit the employment of readers to 

 mark the examination papers, for such reading 

 makes the employed readers the real judges. Few 

 states have provisions in their statutes for license 

 by reciprocal agreements with other boards. In 

 the absence of distinct provisions, the legality of 

 reciprocal licenses is open to very grave question. 

 Some of the statutes provide for examinations in 

 writing, and that the examination papers shall 

 be preserved in the office of the board. It is dif- 

 ficult to see how such a provision can be observed 

 in the case where a license is issued solely upon 

 the basis of one previously issued in another state. 

 Where the duties of an officer are partially min- 

 isterial (such as the writing of a license), they 

 may be delegated; but where they are judicial, or 

 quasi- judicial in nature (as in the holding of an 

 examination for license), they cannot be so dele- 

 gated.^^ A board of examiners in one state can- 

 not, therefore, lawfully appoint the board in 

 another state as its deputy to make examinations, 

 nor accept the finding of the foreign board as its 

 own decision in the case. (See § 9.) 



There is another objection to such license by 

 reciprocity. A foreign board is not under the jur- 

 isdiction of the state, and in case of malfeasance 

 it could not be punished. Citizenship is one of 

 the prerequisites for the holding of an office, and 

 the foreign board may not therefore assume this 

 relationship. 



28 Public Health, 272, 426. 570; Mechem, Public Officers, 

 29Throop, Public Officers, 567, 568. 



