United States Supreme Court Cases & Opinions

U.S. Supreme Court

Douglas v. Noble, 261 U.S. 165 (1923)

Douglas v. Noble

No. 159

Argued January 2, 1923

Decided February 19, 1923

261 U.S. 165

Syllabus

1. The law of Washington, Remington, 1915, §§ 8412-8425, which provides that only licensed persons shall practice dentistry, vesting the licensing power in an examining board of practicing dentists and declaring that every person of good moral character with a diploma from a reputable dental college shall be eligible and shall have a license if he passes examination, is not to be construed as vesting power in the board to grant or withhold licenses arbitrarily. P. 261 U. S. 167.

2. The statute indicates clearly, though not in terms, the general standard of fitness, and the character of examination required, leaving to the board to determine (1) what knowledge and skill fit one to practice dentistry, and (2) whether the applicant possesses them. P. 261 U. S. 169.

3. Delegation of these functions to a board is consistent with the federal Constitution. P. 261 U. S. 170.

274 F.6d 2 reversed.

Appeal from a decree of the district court permanently enjoining the appellants, two prosecuting attorneys, from proceeding criminally against the appellee for practicing dentistry without a license.

Page 261 U. S. 166