PRACTICE OF VETERINARY SURGERY 53 
to the 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. 
Tf 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.2? 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. 
