Roschen v. WardAnnotate this Case
279 U.S. 337 (1929)
U.S. Supreme Court
Roschen v. Ward, 279 U.S. 337 (1929)
Roschen v. Ward
Nos. 667 and 668
Argued April 10, 1929
Decided April 22, 1929
279 U.S. 337
1. A state statute making it unlawful to sell at retail in any store or established place of business any spectacles, eyeglasses, or lenses for correction of vision unless a physician or optometrist is in charge of the place of sale and in personal attendance at it, though not providing specifically for an examination by the specialist, is valid. P. 279 U. S. 339.
2. A statute is not invalid under the Constitution because it might have gone farther than it did, or because it may not succeed in bringing about the result that it tends to produce. P. 279 U. S. 339.
3. It being obvious that much good will be accomplished by a statute requiring the attendance of a physician or optometrist at any place
where spectacles or eyeglasses are sold at retail, the question of the expediency of such legislation is not for the courts, and no presumption will be indulged that the benefits are a pretence and a cloak for establishing a monopoly. P. 279 U. S. 339.
29 F.2d 762 affirmed.
Appeals from decrees of the district court, three judges sitting, denying preliminary injunctions and dismissing the bills in suits to restrain state officers from enforcing a statute requiring the attendance of a physician or optometrist at places where spectacles, eyeglasses, or lenses for the correction of vision are sold at retail. The opinion below was reported sub nom. S.S. Kresge Co. v. Ottinger.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.